Family Law Frequently Asked Questions
Answered by family law attorneys in Fairfield CA
Below are some frequently asked questions and answers about divorce in California.
- Are there different types of divorce available in California?
- What are the benefits of using a local firm for family law matters?
- Why would I want to choose mediation versus litigation for my divorce?
- Will I be able to collect spousal support if I divorce?
- What happens if my ex-spouse does not pay child support?
Are there different types of divorce available in California?
Generally, a divorce in California is either contested or uncontested. In a contested divorce, the parties are not in agreement on the terms of the divorce and must hire divorce attorneys to litigate in court to resolve their differences. An uncontested divorce is one where the parties have been able to come to an agreement outside of court on divorce terms including division of property, spousal support, child custody, and child support. A Fairfield, CA family law attorney helps with contested or uncontested divorces by completing and filing the necessary paperwork with the courts, by mediating settlement agreements, or by litigating divorce terms.
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What are the benefits of using a local firm for family law matters?
Divorce proceedings in California are handled in the county court system. Local family law attorneys have a better understanding of the court process in the county and know the clerks and judges involved in family law cases. Knowing the judges can be helpful in preparing and presenting your case.
At Mattice Law Offices, our family law attorneys in Fairfield, California are well known in the community and they know what community resources are available to you as you transition through your divorce. Divorce can be a difficult time for the entire family, so having a local firm like ours represent you may reduce the stress of traveling long distances to meetings and the expense of long distance phone calls.
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Why would I want to choose mediation versus litigation for my divorce?
While divorce mediation is used to come to a settlement agreement outside of court, litigation resolves the terms of the divorce settlement in court. Mediation is facilitated by a neutral attorney, who guides both sides through the process. Mediation is less adversarial, less expensive, and usually faster than litigation. It is also a little easier for families with children—parents work out the agreement on child custody and visitation, not a court judge.
Even with mediation, however, you and your spouse may need to be represented by separate family lawyers to provide you with legal advice on an individual basis. If you are unable to come to agreement on all terms in mediation, you may still need to go to court to litigate a settlement.
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Will I be able to collect spousal support if I divorce?>
Spousal support depends on whether you can come to an agreement. If you cannot, the court determines if spousal support is necessary and looks at whether the earning capacity of each party is sufficient to maintain the standard of living established during marriage.
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What happens if my ex-spouse does not pay child support?
If child support has been awarded, the local child support agency will try to help you collect. If they are unable to collect from the non-custodial parent, the local child support agency will report it to the family court. The non-custodial parent can then be held in contempt of court for non-payment of child support.
The attorneys at Mattice Law Offices guide families through the emotional divorce process by providing sound legal advice and understanding. We work to achieve the resolution you want through our knowledge of the California laws and Solano County court processes. Our attorneys are experienced in all areas of family law and are available to discuss your needs and determine the best approach to take for your divorce. Contact us today.
The attorneys at Mattice Law Offices provide skilled legal services for Family Law, Personal Injury, Business Law, Civil Litigation and Real Estate Law to the Solano County, Contra Costa County, Fairfield, Napa, Suisun City, Vacaville, Benicia, Vallejo, and Dixon areas.