When it comes to family law, almost nothing is as simple as we would like it to be. It is only natural to have questions about the things that might apply to you. For that reason, I’m happy to provide you with the answers to some Frequently Asked Questions about divorce, child custody, and other family law matters..
Will I Have To Give Up Half Of Inheritance?
Once your divorce is finalized, any property that you obtain is yours. Your former spouse will have no claim to it. If you obtain your inheritance before the divorce, however, it can be considered communal property and can be split. Just like with any other aspect of divorce, every case is different. Ask your San Jose divorce attorney to explain where property division begins and ends.
What will happen to the children after the divorce?
In any divorce that involves children, the court will look for the best option for them. This means that if one parent can provide a significantly better environment for the children, the court will side with that party. However, every divorce is different. There are a wide variety of options for child custody and visitation. The best option can be determined with your lawyer.
How much will I lose in my divorce?
For the majority of divorces, property division happens equitably. This does not necessarily mean that the property is split equally. If one party is obviously going to have a harder time sustaining their way of life, that party will usually be granted more. Property division changes from case to case, and can only be determined on that basis.
How long does it take to finalize a divorce?
Divorce proceedings often vary depending on the specifics of the case and how cooperative the individuals are during the process. Typically, uncontested divorces can be finalized in a much shorter period of time than contested divorces, which may require court hearings to resolve some of the issues. For more information, contact a divorce lawyer.
Can I contest a divorce in court?
Typically, you cannot stop your spouse from divorcing you if he or she wishes to dissolve the marriage. You can, however, contest the terms of the divorce in court if the two of you cannot agree on the division of property and other specifics of your situation. It is important to consult an experienced family law attorney if you have questions regarding your legal options.