Yes, under certain circumstances, a divorce judgment can be modified after it is finalized. However, there must be a showing of a substantial change in circumstances to warrant a modification. Child Custody, Parenting Plans, Child Support orders are modifiable. Spousal Support orders are modifiable unless they are determined to be unmodifiable under the Judgment terms. […]Continue reading
Yes, in some cases, the court may order one spouse to pay either a portion of or all of the other spouse’s attorney’s fees and costs, especially if there is a significant income disparity between the parties, which party has the “greater access to funds” to pay attorney’s fees. In California there are statutory factors […]Continue reading
Yes, a divorce judgment can be appealed in California, but there are specific procedures and deadlines that must be followed to initiate an appeal. Consulting an appellate specialist is always recommended.
Mediation is often used in California divorces to help couples reach agreements on issues such as property division, child custody, and support. It provides an opportunity for the parties to work together with a neutral mediator to find mutually satisfactory solutions.
Prenuptial agreements are generally enforceable in California divorces, as long as they are entered into voluntarily, with full disclosure of assets and debts, and not unconscionable at the time of signing, or in some rare circumstances, at the time of the divorce.
Child support in California is calculated based on a statewide formula called the “California Guideline Child Support Calculator.” It takes into account factors such as each parent’s income, the amount of custodial time each parent spends with the child(ren), and other deductions and expenses, such as deductible interest, property tax payments, mandatory pension/retirement contributions, hardship […]Continue reading
Yes, a parent can request a modification of child custody or visitation orders if there has been a significant change in circumstances since the original orders were issued and a modification is in the child’s best interest.
The court considers several factors in determining child custody, including the child’s health, safety, and welfare, the child’s relationship with each parent, the ability of each parent to care for the child, and any history of domestic violence, among others. The factors in California are set forth in Family Code §§ 3011, 3020 and 3040. […]Continue reading
Child custody and visitation are determined based on the best interests of the child. The court encourages both parents to have frequent and continuing contact with the child (which is the policy of the State of California), unless it is not in the child’s best interest.
Alimony, or spousal support, may be awarded in certain divorce cases in California if it is determined to be necessary and appropriate based on factors such as the length of the marriage, the income disparity between spouses, and the marital standard of living during the marriage, among other factors.
