Law Offices of Robert Bettencourt

LEGAL FAQs

DIVORCE IN CALIFORNIA

1. What is Joint Legal Custody?

2. What is Physical Custody?

3. How Much Child Support Will I Pay or Receive?

4. How Long Will Child Support be Paid?

5. What Do I Do if the Other Parent Refuses to Pay Child Support or Spousal Support?

6. Who Can File for Divorce?

7. Are There Any Residency Requirements to File a Divorce in California?

8. How Does the Divorce Process Work?

9. What Happens to the Children if the Parties Cannot Agree?

10. What is the Difference Between Community Property and Separate Property and How is it Divided?

11. Am I Entitled to a Part of My Spouses Pension or Retirement?

12. Who Gets the Family Residence?

14. Will I Pay or Receive Spousal Support?

15. How Long Will it Take for Our Divorce to be Finalized?

16. How Do I Get a Restraining Order?

17. Do We Have to Go to Court If We Agree on All the Issues?

DIVISION OF PROPERTY AND DEBTS

1. What is community property?

2. What is separate property?

3. How is community property divided in California?

4. I attended college throughout the course of my two-year marriage. I have accumulated significant student loans during this period of time. Will the court order my spouse be required to pay back my student loans?

CUSTODY, VISITATION AND CHILD SUPPORT

1. What is the definition of legal custody?

2. What is the definition of physical custody?

3. Does the mother always win sole physical and legal custody?

4. What rights do nonbiological parents have to custody or visitation of children born of same-sex relationships?

5. What is the role of mediation in a custody/visitation dispute in California?

6. What is the role of collaborative law in a custody/visitation dispute in California?

7. My circumstances have changed since my divorce was final. My spouse has been interfering with my visitation of the children. What can I do about this?

8. How does the court decide what is in the best interests of the children when making custody decisions?

9. My 9-year-old child wants to live with me but currently lives with my spouse. Will the court consider his wishes in determining primary physical custody?

10. I can't afford both my car payment and my child support payment. What will the court's position be on this dilemma?

11. What are the rights of a grandparent to visit her grandchildren? How may a grandparent gain custody of her grandchildren?

12. My spouse filed for divorce. I was granted sole legal and physical custody of our child. I am interested in taking our child and moving out of the area. Can I do this?

13. Shortly after our divorce, my ex-wife married a wealthy man. Can his assets be considered in the calculation of child support?

14. My ex-spouse has remarried and now has another family to support. Can this affect the child support I am required to receive?

SPOUSAL SUPPORT

1. What factors will the court consider when setting the permanent spousal support?

WORKING WITH YOUR ATTORNEY - AGREEMENTS AND FEES

1. What should be included in my attorney-client fee agreement?

2. I don't work but my spouse does. Will the court order him to pay my attorney's fees in our divorce action?

Law Offices of Robert BEttencourt

CONTACT US

Law Offices of Robert Bettencourt

805-549-9876

981 Osos Street

San Luis Obispo, California 93401