Divorce and separation are complex legal matters that require the support of an experienced family law attorney. From filling the initial petition to negotiating division of property, Yvonne Rizzo and her team can provide comprehensive legal guidance on the best approach. Here are important divorce questions you should consider throughout the process:
Length of Marriage and Region of Domicile
Divorce laws vary according to state and county regulations. It is important to choose a divorce lawyer with relevant experience in your area. The length of your marriage and how long you have lived in the state can also impact how your divorce is processed. Every divorce case begins with the filling of a petition with your state, as well as documenting claims to property, attorney fees, custody details, and spousal support. A divorce lawyer will help you consider important divorce questions when completing the divorce petition, including a review of your jointly-held assets and payment of attorney fees. Other considerations include:
- Divorce petition details by state
- Common law property laws by state
- Regulations on child support by county and state
Book a complimentary consultation today for support with your divorce petition or review our blog for additional resources.
Different Types of Child Custody
Child custody considerations are some of the most important divorce questions an attorney can provide support with. An experienced family law specialist can help you navigate the process of establishing or appealing a child custody ruling. In San Diego County, custody negotiations require both parenting parties to be present during an initial mediation, which is followed by a formal hearing. In addition, it’s important to note that there are multiple forms of child custody which may be relevant at different stages of the divorce process. Physical custody refers to the primary residence of the child, whereas legal custody may pertain to decisions around the health, schooling, and religious practices of the child. Either form of custody may be granted on a joint or sole custody basis. 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?
- How do criminal conviction, residential status, or allegations of domestic abuse impact custody rulings?
- Is child support or alimony impacted by child custody status?
Considering Legal Separation vs. Divorce
Do you have any personal, financial, or religious reasons that would make legal separation a better solution than divorce? This is an important divorce question to discuss with your attorney prior to filing your divorce petition. Since divorce and separation follow different legal processes, a family lawyer will be able to help you understand the best path to pursue your intentions. Following legal separation the couple no longer jointly acquires assets, however they will remain legally married. There can be additional questions surrounding child support, alimony, and child custody. 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.
The Role of Pre- or Post-Marital Agreements
If both parties signed a prenuptial or post-marital agreement, important divorce questions may arise during the execution of the divorce petition. In the state of California, keep in mind that 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 reviewing or establishing a premarital agreement contact an attorney and provide sufficient time for both parties to assess the contract.
Cases of Domestic Abuse or Domestic Violence
Domestic abuse includes unwanted contact, threatening messages, and other non-physical acts between parties. Important divorce questions may surface in the case of domestic abuse or domestic violence. In some cases, one party may elect to file a restraining order (under the Domestic Violence Prevention Act). After a temporary restraining order is issued, a hearing will follow within three weeks. In the case that children are involved the court may award temporary custody to the alleged victim, pending trial. Since domestic abuse and domestic violence are complex issues, it is crucial to choose a family lawyer with experience in the field.
Establishing Child or Spousal Support
An attorney can address important divorce questions surrounding the negotiation and execution of child support or alimony (spousal support). Spousal support can be issued on a temporary or permanent basis depending on subsequent court hearings and mediations. In the state of California, the court may use a standard calculation tool to determine orders for temporary spousal support. When establishing permanent support, the court will follow the framework outlined within the local Family Codes. Both parties are required to provide information about their income, assets, debt, age, and health. The length of the marriage as well as the ability of the spouse to return to the workforce can also impact important questions surrounding the divorce and subsequent rulings. 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.
About Yvonne Rizzo
Yvonne Rizzo is a family law attorney based in San Diego County. As a Certified Family Law Specialist, she offers detailed knowledge of the divorce and custody field. Ms. Rizzo and her team can answer important divorce questions that arise prior to, during, or after the filing of your divorce petition. 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
