Best Child Custody Lawyers in Alameda, CA

California is a no-fault state, which means that one spouse does not have to prove that the other has done something wrong in order to obtain a divorce. So, while it is acceptable to date other people before the divorce is finalized, the real question is whether it is smart to be dating other people before the divorce is final. If one spouse is dating, for example, it may make it more emotionally difficult for the other spouse to proceed with the divorce. The non-dating spouse may also become suspicious about when the relationship began. If a spouse has spent community funds on the person he or she dated during the marriage, the community could seek reimbursement for those funds.

Custody litigation is emotionally challenging and expensive. Parties should make a dedicated effort to reach a custody agreement outside of litigation. If this is impossible, a court will determine if and how the parents share legal and physical custody. (Legal custody refers to the ways that parents share major decisions regarding the health, safety, and welfare of their children. Physical custody refers to the amount of time each parent spends with their children.)

The courts do not consider the reasons behind a decision to end a marriage. Issues of marital infidelity are occasionally relevant to custody and financial disputes, but these situations are rare.

California is a full-disclosure state. Both parties are obligated to make a full and accurate disclosure of all assets and liabilities, no matter when they were acquired. The penalties for failing to disclose assets are severe.

Temporary support is paid while a divorce case is pending and is generally calculated according to a formula. California courts have a wide degree of latitude in determining a fair amount for long-term support. Long-term support is based on a number of factors that are set forth in Family Code Section 4320, including the length of the marriage or domestic partnership, the marital standard of living, the financial needs of each person, the earnings of each party (and the earning abilities of the parties), what each person pays or can pay, the age of the individuals, and the assets and debts of each person.