Answers to Your Legal Questions
Understanding Family Law in California
Family law cases often involve deeply personal and emotional challenges, whether you’re facing divorce, child custody disputes, or support issues. Having a knowledgeable family law attorney by your side can make all the difference in protecting your rights and ensuring a fair resolution.
At Hoss Law, we are committed to guiding individuals and families through difficult legal matters with compassion, experience, and strategic advocacy. Below, we address some of the most common family law questions to help you better understand your rights and options.
How Can I Get a Divorce in California?
To legally end your marriage in California, you must file a Petition for Dissolution of Marriage in the appropriate court. California has no-fault divorce laws, meaning you do not need to prove wrongdoing—simply stating irreconcilable differences is enough to obtain a divorce.
Key Divorce Requirements:
- Residency: You or your spouse must have lived in California for at least six months and in your county for at least three months before filing.
- Waiting Period: A minimum of six months must pass from the time the other spouse is served before the divorce can be finalized.
- Property Division: California follows community property laws, meaning marital assets are typically split 50/50 unless otherwise agreed.
- Child Custody & Support: Custody arrangements and child support orders must be established if children are involved.
- Spousal Support: Depending on factors such as income disparity and length of marriage, one spouse may be entitled to alimony.
Divorce can be contested (requiring negotiation or litigation) or uncontested (when both spouses agree on all terms). Having an experienced family law attorney ensures your interests are protected every step of the way.
How Will Divorce Affect My Children?
Divorce can be emotionally challenging for children, but a well-structured custody plan can help minimize stress and provide stability.
Key Factors Courts Consider in Child Custody Cases:
- Best Interests of the Child: Judges prioritize stability, safety, and well-being when determining custody.
- Parental Involvement: Courts assess each parent’s relationship with the child and ability to provide care.
- Living Arrangements: Where each parent resides and the feasibility of custody schedules.
- Health & Safety: Any history of domestic violence, substance abuse, or neglect can impact custody decisions.
California courts encourage joint custody whenever possible, allowing both parents to maintain strong relationships with their children. However, every case is unique, and our legal team will advocate for the best possible custody arrangement for your family.
How Is Child Support Determined?
California law requires both parents to provide financial support for their children. The amount of child support is calculated using a statewide formula that considers:
- Each parent’s income and earning capacity
- The amount of time each parent spends with the child
- Childcare, education, and healthcare costs
- Special needs or medical expenses
While child support calculations follow guidelines, the courts have discretion to adjust payments based on unique circumstances. Our firm ensures accurate calculations to secure fair support orders.
What Is Spousal Support (Alimony), and Who Qualifies?
Spousal support (alimony) is financial assistance one spouse may be required to pay the other after divorce. California courts consider:
- Length of the marriage (support is often longer for marriages over 10 years)
- Each spouse’s income and financial situation
- Ability to maintain the marital standard of living
- Whether one spouse sacrificed career opportunities for the marriage
- Age and health of both parties
Spousal support may be temporary (while the divorce is pending) or long-term, depending on the circumstances. Hoss Law fights for fair alimony agreements, whether seeking support or contesting an unfair request.
What Happens to Property and Assets in Divorce?
California is a community property state, meaning all marital assets and debts are divided equally (50/50) unless both parties agree otherwise. This includes:
- Homes, real estate, and vehicles
- Bank accounts, retirement funds, and investments
- Businesses and professional practices
- Marital debts, including loans and credit cards
Separate property—such as assets owned before marriage, inheritances, or gifts—is not subject to division unless it was commingled with marital property. We work to protect your financial interests and ensure fair property division.
Can I Relocate With My Child After Divorce?
If you have primary custody and wish to move out of Sacramento County or California, you may need to seek a court-approved modification of your custody agreement.
Factors Courts Consider for Parental Relocation:
- Reason for the move (new job, family support, better living conditions)
- Impact on the child’s relationship with the other parent
- Ability to maintain a reasonable visitation schedule
Relocation cases can be highly contested, and having strong legal representation is crucial to protecting your rights as a parent.
How Can a Family Law Attorney Help Me?
Whether you are dealing with divorce, child custody, support issues, or property division, having an experienced attorney can significantly impact the outcome of your case.
How We Help:
- Provide personalized legal guidance tailored to your situation
- Ensure your rights and interests are protected in negotiations and court
- Handle all legal paperwork and deadlines to prevent delays
- Negotiate fair settlements to avoid costly and stressful litigation
- Aggressively represent you in court when necessary
At Hoss Law, we are dedicated to helping you navigate family law issues with confidence and ensuring the best possible outcome for you and your loved ones.
Speak With a Sacramento Family Law Attorney Today
If you have questions about divorce, child custody, support, or any family law matter, Hoss Law is here to help. Our firm provides strategic legal representation to protect your rights and ensure a fair resolution to your case.
Call 844-4HOSSLAW today to schedule a confidential consultation with an experienced Sacramento family law attorney.
