FAQs

Q) Is there an advantage to filing first in a divorce?

A) Generally, the answer is no. One person does not gain an advantage by filing their papers divorce papers first, as a Petitioner. However, each case is unique and separate and the attorney needs to look at the facts in each individual case. In certain very specific situations it could be beneficial to file your papers first.

Q) My spouse and I were married in Las Vegas, Nevada, we live in California. Can we file our divorce her or do we have to go to Nevada?

A) If you are living in California you can obtain your divorce here. In fact, even if one of you is residing in California you can obtain your divorce here. Generally, the law requires you to be a resident of the State of California for 6 months and a resident of the County in which you wish to file for divorce for 3 months. However, even if you do not meet these requirements, you may be able to file for a legal separation and then simply amend these pleadings to a divorce upon completing the time requirements.

Q) How much will the court require that I pay in child support?

A) The State of California uses a term called ‘state guide line support.’ Essentially, child support determination is based upon an algebraic formula codified in state law. However, with every algebra formula there are unknown factors or variables. For instance, how much does each party earn from all sources of income? How much time share of the child does each party have (percentage rate)? Which parent claims the child(ren) on their tax returns? There are several other questions to answer? Once we determine these factors, we simply use a computer program to determine the amount of support to be paid each month.

Q) Can I go bankrupt during my divorce?

A) Yes, we can help with this. At the Arnold Law Group, our attorneys can determine if bankruptcy would be beneficial to you by filing for bankruptcy during your divorce or waiting until after your divorce?

Q) What is child custody mediation?

A) Every Superior Court in California has a division known as Family Court Services. Although each one is operated a little differently, their function is the same. Interview the parents to see if they can reach a mutual agreement concerning child custody and visitation. If the parents are unable to agree to any or all of the issues, the mediator will provide the Court a Report containing his / her recommendation as to how child custody should be allocated.

Q) How is spousal support or alimony determined?

A) Generally, temporary spousal support may be obtained shortly after the filing of the divorce paperwork. In this scenario, the Court often looks toward the amount of income each party is receiving. Normally the Court looks to the economic factors to attempt to maintain the party’s standard of living during their marriage. However, the Court has great discretion to adjust support as needed. In deciding permanent support, the Court looks at several factors to determine support and does not strictly rely upon economic factors. These factors may include the length of the marriage, the ages and health of each party and the list goes on.

Q) Do I receive a portion of my spouse’s retirement upon our divorce?

A) The answer to this question is yes, provided the retirement portion you are seeking to divide was accrued during the marriage? At Arnold Law Group, we look at all the options available to you. We make sure you are receiving everything you would be legally entitled to.

Q) During my child custody case, can my Facebook account be used against me?

A) Unfortunately, social media is bleeding over into child custody cases, criminal cases and other legal matters. People have a tendency to post pictures and rant to friends and family members about their current lifestyle. Oftentimes, there are punitive tendencies in such posting directly or indirectly pointed to an ex. Even if your ex is not a friend, most often he has mutual friends who are.
As a general rule, we advise our clients to sanitize their postings and to be very cautious about future postings. If in doubt….DON’T. We realize that social media is growing into a great way to meet new people. However, don’t post anything which has the potential to be used against you in court.