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FAQ

Frequently Asked Questions about Divorce

  • California is a “no-fault” divorce state, meaning irreconcilable differences or the permanent breakdown of the marriage are sufficient grounds for divorce.
  • The timeline for a divorce in California can vary, but it generally takes six months or longer to finalize a divorce.

To file for divorce in California, either you or your spouse must have been a resident of the state for at least six months and lived in the county where you plan to file for at least three months.

While it is possible to handle a divorce without an attorney, it is generally advisable to consult with and hire a divorce attorney in California, especially for complex cases.

California follows the principle of community property, dividing marital property equally between spouses, although “equitable distribution” may be applied in certain cases.

  • Spousal support, or alimony, may be awarded based on factors such as the length of the marriage, earning capacity, and standard of living during the marriage.

Child custody decisions are based on the best interests of the child, considering factors such as health, safety, welfare, and parental ability to provide for the child’s needs.

Child support in California is determined using statewide guidelines that consider factors such as each parent’s income, parenting time, and specific child-related expenses.

The steps include completing and filing necessary forms, serving divorce papers to your spouse, and going through negotiation, mediation, or court hearings.

Yes, if both parties agree on all relevant issues, they can pursue a collaborative divorce or use mediation to finalize the divorce without going to court.

  • Gather important documents like financial records, tax returns, bank statements, property deeds, employment information, and any prenuptial or postnuptial agreements.

To protect your financial interests, gather complete records, consult with an attorney, consider mediation or negotiation, and be aware of your rights and responsibilities.

Divorce can have tax implications, such as property transfer taxes, alimony tax considerations, and changes in filing status. Consult with a tax professional for personalized advice.

Work with your attorney or use mediation to negotiate a visitation schedule that promotes the best interests of the children and ensures meaningful time with both parents.

Options include negotiation, mediation, collaborative divorce, or, if necessary, resolving disputes through court proceedings. Choose the approach that suits your situation best.

Disclaimer: The information provided above is for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the information, divorce laws and procedures may vary, and it is always recommended to consult with a qualified divorce attorney in California for personalized advice regarding your specific situation.

FAQs About Record Expungement

Record expungement in California is a legal process that allows individuals to have certain criminal convictions dismissed or set aside.

  • Eligibility for record expungement in California depends on various factors, including the type of offense, the completion of probation or sentence, and meeting specific requirements.

Many misdemeanor and felony offenses may be eligible for expungement in California, excluding serious crimes such as certain sex offenses or offenses requiring registration as a sex offender.

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In some cases, felony convictions may be eligible for expungement in California if certain criteria are met, such as completing probation and not serving time in state prison.

  • The waiting period to apply for record expungement in California varies depending on the offense and the completion of probation or sentence, typically ranging from one to five years.

DUI convictions are generally eligible for expungement in California if specific criteria are met, such as completing probation, attending required classes, and fulfilling other obligations.

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Expungement does not completely erase your criminal history. It removes the conviction from public view but can still be considered in certain circumstances, such as subsequent criminal proceedings.

While not required, it is highly recommended to consult with an attorney specializing in record expungement in California to navigate the legal process accurately and maximize your chances of success.

  • The record expungement process in California can take several months, depending on the complexity of the case, court procedures, and workload.
  • Expunging your record in California can have various benefits, such as improving employment prospects, professional licensing opportunities, and restoring certain civil rights.

Expunged convictions generally do not appear on standard background checks conducted by private employers. However, they may be visible to law enforcement agencies, government entities, or in specific circumstances.

  • Expungement may restore your firearm rights in California, but it is essential to consult with an attorney to understand the specific implications and any restrictions that may apply.

In most cases, employers cannot ask about expunged convictions on job applications or during interviews in California.

Generally, you do not need to disclose an expunged conviction on job applications in California unless you are applying for a government or professional license position.

While expungement dismisses the conviction, sealing or destroying records goes a step further by removing all records of the case, including arrest records and court files.

Disclaimer: The information provided above is for general informational purposes only and does not constitute legal advice. Record expungement laws and procedures may vary, and it is always recommended to consult with a qualified attorney or legal professional specializing in record expungement in California.