The divorce process can be complex and challenging. Yvonne Rizzo Esq has several years of experience in dealing with legal separations, divorce, child custody, and spousal support cases. Before our after you file the initial divorce petition, these are common questions to ask your divorce attorney:
Does the length of the marriage influence the divorce negotiations?
Yes. Depending on which state you reside in there may be different divorce laws that impact how your case is processed. The length of the marriage can have impacts on spousal support and division of property. When filing your divorce petition with the state, a divorce attorney can help you understand how the duration of your marriage may influence your rights.
Do divorce laws vary by state?
Yes. Many Family Law codes vary by state and county. Your divorce attorney can help you identify local laws that will impact your petition, negotiations, mediations and hearing. There are also requirements on how long you must have lived in a state in order for local laws to apply. Book a complimentary consultation today for in depth information on filing your divorce petition or for local insights about your state.
How will child custody be determined?
Child custody and child support are the source of many common questions to ask your divorce attorney. In some states an initial court-ordered mediation is required to establish initial custody of the children following the divorce. The mediation is typically followed by a formal court hearing and may be re-assessed through appeals and further mediations. Note that there are multiple forms of child custody to consider. Physical custody refers to the primary residence of the child, whereas legal custody relates to decisions on health, schooling, and religious practices of the child. Either form of custody can be granted on a joint or sole custody basis, either permanently or temporarily. In all cases the court will consider the best interest of the child, which may change over time as circumstances with each parent evolve. In the case of criminal convictions or domestic abuse custody may be awarded to a sole party either temporarily or permanently. Choose an experienced family lawyer with in-depth knowledge of state and local child support laws in order to get the best information.ct.
Who is financially responsible for attorney fees?
In some states one party may be responsible for paying attorney fees of the other party. Your initial divorce petition may include details on which funds will be used to pay for legal fees. Ask your divorce attorney for an overview of how this may apply in your case.
Is legal separation or divorce a better option?
Some clients may ask a divorce attorney whether they should pursue legal separation or a divorce. In a legal separation the couple will no longer jointly acquire assets, however they will remain legally married. There can be additional questions surrounding child support, alimony, and child custody. Some clients chose this route for religious, financial, or health reasons. In a divorce, both parties are formally uncoupled by the state and will begin the process of dividing property. They will no longer jointly acquire assets. If the marriage is voidable one party may elect to file a petition for nullity of marriage. The rights to property and other legal outcomes will depend on whether or not the marriage was believed to be valid. Work with a divorce attorney to determine which approach is best for your situation.
How do prenuptial agreements affect the division of property in a divorce?
Pre- and post-nuptial agreements will influence how property is divided after a divorce. In some states the prenuptial agreement must be completed within a certain time frame to be valid prior to the divorce filing. Premarital agreements must be timely and allow for legal counsel review. In addition, full disclosure of all property is required. If you require support with establishing a prenuptial or post-marital agreement, get in touch with your divorce attorney for guidance.
Will my spouse be responsible for paying spousal or child support?
Spousal and child support payments are determined on a case by case basis determined by the laws in your state and county. Spousal and/or child support requests may be included in initial divorce petitions, discussed in mediation, and are often determined within a formal court hearing. Both parties will be required to disclose information on their income, assets, debts, age, and health. In some states a standard calculation tool is used to determine the amount of spousal or child support required. The length of the marriage and nature of the divorce may also impact spousal support payments. In general, a marriage that was less than 10 years may require one spouse to provide support for approximately half the length of the marriage. If the marriage was more than 10 years, the requirement to pay support may continue for a longer period of time.
Can I file a restraining order on my previous spouse?
In cases of domestic abuse and domestic violence, one party may choose to file a restraining order against the other party. After a temporary restraining order is issued, a hearing follows. In the case that children are involved the court may award temporary custody to the alleged victim, pending trial. Yvonne Rizzo has many years of experience working on Domestic Violence cases and can provide detailed guidance on how these issues may influence the divorce process.
Can I have partial custody over my child?
Many states allow for full or partial custody as it pertains to both physical and legal custody. Physical or legal custody that is granted to one parenting party may be referred to as “sole'' custody, while partial custody may be referred to as “joint” custody. The court will make decisions on custody with respect to the best interest of the child. Joint custody is often recommended in the case that both parties are able to provide care for the child.
About Yvonne Rizzo Esq - Divorce Lawyer in San Diego
Yvonne Rizzo is an experienced divorce attorney based in California. Before establishing her private law practice, Ms. Rizzo worked as a Deputy City Attorney in the Domestic Violence Unit for San Diego County. She also worked as a civil litigator in Los Angeles. Her licenses include:
- State Bar of California
- United States District Court for the Central District of California
- United States District Court for the Southern District of California
- United States District Court for the Northern District of California
- United States District Court for the Eastern District of California
- State Bar of New York
The time share of custody between parents can also be impacted in the case that one or both of the parents relocate. An attorney can answer important divorce questions, including:
- How is physical or legal custody decided?
- Is a child custody ruling permanent?
- Can physical or legal custody be assigned to a sole party?
