Common Questions About Divorce
When going through a divorce, you are forced to make difficult decisions on topics you may never have thought about. Many people aren’t sure what their rights are and have lots of questions. Simon Law has helped clients throughout California get the information they need. Below is a list of frequently asked questions for your convenience.
Who gets the house?
Ideally, you and your spouse will come to an agreement regarding your home. If you cannot, the court will have to decide. If one of you owned the home before you were legally married, that person is entitled to the property. If you bought the house together during your marriage, it is considered community property and each spouse is entitled to half. You can either agree to sell the house and divide the profits or one spouse can buy out the other. In some cases, if there are young children, the court may decide to “defer the sale of home.” This means that both parties will still own the home for a set period of time, but the custodial parent will exclusively live there.
How long does a divorce take?
Per Fam Code 2339 the waiting period is 6 months from the date the other party is served with the Summons or the date the other party filed a response.
What will happen to my kids?
Again, in an ideal world, you will both agree to a custody arrangement. If you cannot, the court will look at a number of factors. These may include where the children go to school, the relationship with each parent and, of course, what is in the best interests of the child. We are here to be your strongest advocate during these cases.