Frequently Asked Questions: Family Law & Divorce

Caring & Knowledgeable Divorce Lawyer in Rancho Cucamonga

At the Law Office of Luella G. Hairston, we receive a number of questions relating to divorce and family law in the state of California. Our desire is and has always been to serve our clients, and to this end, we have compiled a list of a few of the most frequently asked questions we hear pertaining to divorce and family law in this state.

We work to build a reputation for effective advocacy and a committed focus to maintaining a practice that is ethical, effective, and empathetic. If you need a Rancho Cucamonga divorce attorney, do not hesitate to schedule your free case evaluation at our firm today. Just call the Law Office of Luella G. Hairston to learn more or to book your consultation.

How does the state of California determine child support?

Family courts in California use a very specific formula to calculate child support payments. You can use this calculator from the state website to estimate what the court might order you or your spouse to pay. It is important to realize, however, that this estimate should be viewed only as a rough guideline. When it comes to actually deciding your case, there are many different factors that may come into play, and our Rancho Cucamonga child support attorney can explain them you.

What is the difference between a contested divorce and an uncontested divorce?

In an uncontested divorce, both spouses are able to come to an agreement regarding all of the terms of their divorce independent of the court. These terms may include property division, alimony payments, child support, and child custody agreements. In a contested divorce, the couple disagrees on one or more of these terms and is unable to reach a consensus. Thus, in order to legally dissolve the marriage, they must settle the issue in divorce court and submit to the final decision to a judge.

What is mediation?

Mediation is an alternative to litigation. If you and your spouse cannot agree on certain terms of your marriage but you wish to avoid going to family court, you have the option of pursuing an alternative dispute resolution method such as mediation. In a mediation process, you and your spouse discuss the terms of your marriage under the guidance of a neutral third party, your mediator. This is often a very useful tool for couples who wish to maintain control over the outcome of their marriage dissolution without submitting to the arbitrary decisions of a family law judge.

How long will my divorce take?

The length of the divorce process really depends on the individual circumstances of your case. Although most marriage dissolutions typically take between six months and one year, yours could take longer if there are many disagreements over terms. Raise this question in your first consultation at the Law Office of Luella G. Hairston for a more specific answer.

Why should I hire a divorce lawyer?

While it is not mandatory to hire a divorce lawyer, think about all of the areas of your life that your marriage dissolution will affect -your finances, possessions, assets, home, and children. An experienced family law attorney can protect the things you value and promote your rights. In addition, divorce can be an emotionally turbulent time. Letting an experienced professional take over the legal details could afford you enormous peace of mind and potentially save you thousands of dollars in the process of determining property division and domestic maintenance payments.