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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Divorce
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Questions to Ask During Divorce
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The breakdown of a marriage is one of the most stressful experiences that a person will face. Many individuals experiencing divorce find themselves so involved in dealing with the emotional effects of the breakup that they are unable to focus on the legal dissolution process. Determining the answers to the following questions will ease the parties in transitioning through the dissolution process.
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Children
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- Who will the children live with?
- Will there be shared custody?
- If they live with your spouse, how often will you be able to visit them or how often will they be able to stay overnight with you?
- How will you and your ex-spouse make decisions about the children, such as their health, education and welfare?
- Who pays for the children's living expenses? Their education? Travel?
- How will decisions be made about the children’s medical needs? Education?
- How are the children's expenses paid for and by whom? Are they shared?
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Support
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- What about spousal support? Will you receive it or need to pay it? How much and for how long?
- Will the support payments to be made by one of the parties to the other? Will either of the other parties' support or the support of their children increase or decrease in the future due to the changed financial circumstances of either of the parties, economic conditions or other factors?
- Who will be entitled to claim the children as exemptions for income tax purposes?
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The House
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- Who will live in the marital home during the divorce process?
- Will one of the spouses keep the marital home or will it be sold? How will the proceeds be divided?
- If someone keeps the home, will one of the parties deed their interest in it to the other?
- If you decide to sell the home, will both spouses be involved in the sale and closing? Who decides the selling price or if a broker will be used?
- Who will be responsible for major repairs and the costs of preparing the home for sale?
- Who will be entitled to deduct the mortgage interest charges and real estate taxes for income tax purposes?
- Who will be responsible for any income (capital gains) taxes which may be imposed as a result of the sale of the home?
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Insurance
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- Will you keep life insurance for the benefit of your children?
- Who will be the beneficiary of such insurance?
- Will either party be obligated to provide medical or other insurance for the benefit of the other and if so, for how long?
- Who will be responsible to pay for any medical, dental, drug or hospital expenses of the children that are not reimbursed by any policies of insurance that either of the parties may have?
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Income Taxes
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- Who will be entitled to receive any refund that may be due on any past joint income tax returns filed by the parties?
- If there is a deficiency on any past joint income tax returns, who will be responsible for it?
- If you file joint income tax returns for the present year who will be responsible to pay any taxes due and who will be entitled to receive any amount refunded?
- Who will be responsible to pay for any medical, dental, drug or hospital expenses of the children that are not reimbursed by any policies of insurance that either of the parties may have?
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This list is by no means exhaustive. It's in your best interest to think rationally and strategically about moving forward with your life after divorce. It is always best to consult with a family law attorney to make sure you have contemplated all the relevant issues.
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In recent years, more than 60% of California marriages have ended in divorce. Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary family law consultation.
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Q: What is dissolution of marriage?
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A: Rather than referring to "divorce," California law refers to "dissolution of marriage." Both terms refer to the process by which a marriage between parties is terminated and their respective legal rights and obligations regarding property, child custody, and child and spousal support are determined. There is no fundamental difference between what is called "divorce" in another state and what is called "dissolution of marriage" in California.
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Q: What is a no fault divorce?
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A: Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. California is a “no fault” divorce state.
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[More]
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 Judicial Council and the Administrative Office of the Courts for California
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This site contains forms provided by the Judicial Council and the Administrative Office of the Courts. The forms are provided as Adobe Acrobat documents (PDF). Some can be filled out electronically; all forms may be printed out.
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California Law Search Page Family Law Code
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This site contains California statutes covering all family law cases in California.
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[More]
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