Below are some of the questions we hear most often at Thompson Law as we help individuals and families in Bakersfield and beyond who are dealing with a divorce, adoption, guardianship, or other family law matter. We hope these answers are helpful to you. If you have other questions, or need advice or representation in a specific situation, contact Thompson Law for a free consultation.
Q. How long will my divorce take?
A. In order to file for divorce, you or your spouse must be a resident of California for six months. Once the petition has been filed, the divorce cannot be finalized until six months have passed. In reality, however, the entire process may take many months longer, particularly if there are contested issues which must be resolved in a trial.
Q. Can grandparents be granted visitation rights?
A. Yes. As with most issues related to children in a divorce, the court may grant visitation rights to grandparents when the judge deems it is in the best interests of the child. Just as with custody and support issues, the court looks at a variety of factors, although in this instance extra weight will be given to the wishes of the parents, and the wishes of the custodial parent in particular. Grandparents who are seeking visitation rights may join in the divorce proceeding or file a request with the court independent of the current proceeding.
Q. How can I get my child support or spousal support order enforced?
A. If you are concerned that your ex-spouse will not willingly pay, we can seek to have a wage assignment included as part of the order, so that the proper amount is withheld automatically from your ex-spouse's wages and forwarded directly to you. There are also many remedies you can pursue through your local child support agency, such as placing liens on the person's property or bank accounts, intercepting tax refunds and California benefits, or withholding licenses the person may be seeking. Non-payment of a support order is a crime and could lead to prosecution and incarceration upon conviction.
Q. Is a premarital agreement that gives up the right to receive child support valid?
A. No. A premarital agreement can address many issues, such as the property settlement and spousal support in the event of a divorce, but it may not be used to adversely affect one's right to receive child support. In order to be valid, a premarital (prenuptial) agreement must be in writing and signed by both parties following a full and fair disclosure of both parties' assets and liabilities. A premarital agreement must be entered into voluntarily, and each person must be represented by an attorney or have had the opportunity to consult with an attorney before signing the document.
