Legal Question in Family Law in California
DIvorce
I have four kids (15,13,9,9) I have a small corp (wife 5%). I am home everyday @3 to take care of the kids(homework,activities,sports). I am currently living at home, but my wife wants a divorce (says i don't know her anymore, i don't care about her feelings, or her friends). I want to go to counseling she may or may not. We own a house (she pays first mort, i pay second), and a car, separate bank accounts. she is Deputy STate Attorney for CAlif (she is home at 9 or 10 every night). she make approx 120K/yr , i make approx 110K. who would get kid custody, would we have to sell the house, what would be the time frame for finality of divorce? What would be the approximate cost (lawyer,alimony, etc)?
2 Answers from Attorneys
Re: DIvorce
Your incomes are roughly the same so you may be able to agree to no spousal support. As far as attorney, it depends on how much each of you fight. It is likely there would be child support.
You should think about hiring counsel first and filing first if this divorce is definitely going to proceed. I would be happy to help you if you would like.
Please call at your earliest convenience if you have any questions.
Re: DIvorce
Children-The court will determine what is in the best interest of the children based on a number of factors including 1)maintaining the status quo 2)maximizing the amount of time with both parents 3)Which parent is best able to take care of the children.
House-If you can not agree on buying each other out of the house, the court will likely order it sold.
Finality-In California a divorce can not become final until 6 months after the other party is sold. In complicated cases which go to trial it can take as much as five years.
Costs-It depends on the amount of time an attorney spends on the case. It can cost anywhere between $2000 for a completely uncontested case to hundreds of thousands of dollars for a complicated case that goes to trial.