Divorce FAQ

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.

To discuss your case and learn more about how our firm can help, call us at (415) 523-7847 or fill out this contact form. We have offices in Walnut Creek and San Francisco.

Q: 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.

Q: How long does a divorce take?

California has a six-month waiting period. This means that you can be officially divorced six months from the date you filed. Every case is different, which means it could take longer, depending on the circumstances of your case. Our goal is to be as time-efficient as possible.

Q: 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.