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Frequently Asked Divorce & Family Law Questions

Modesto Family Lawyer

Are you facing a divorce or family law-related legal dispute? Our firm can help. When you work with the Modesto family law team from Scott Mitchell Law Incorporated, you can rest assured that a knowledgeable divorce attorney is on your side. Below, you can view some of the common questions that our clients ask. For additional information, call our office or contact us online today.

What do I do to get full custody of my children?

The court will award full custody if it is in the best interest of the child. To obtain full custody, you must be able to demonstrate that you are fully qualified to care for and support your child and that living with the other parent is not in the child's best interest. This might include the following: encouraging a healthy lifestyle and providing a stable income for the child's needs.

How can I get emergency custody orders?

Child custody orders take time. If your child's safety or wellbeing is at risk, you may be able to obtain temporary emergency orders by filing for emergency child custody. To do so, fill out the following forms: Order to Show Cause, Temporary Orders, Application for Order and Supporting Declaration, and Proof of Service Form. Learn more about filing for emergency custody on our blog.

How can I get my child back?

If your child or children have been wrongfully taken from your custody, there are steps you can take to have your child(ren) returned to you. Presenting the truth about yourself and your child to the court is imperitive. You will need to provide facts and history related to your caring for your child. It is also important to present school records, medical records, and a summary of why you should have sole or primary custody. Many times the other party may have presented false information to the court about you. Let our attorneys help you to present the true facts to the court so you may have your child returned as soon as possible.

Am I entitled to spousal support?

Spousal support, commonly called "alimony," is determined the by the court and hinges on a variety of factors. These factors include the length of your marriage, the earning capacity of each spouse, new marriages, and new relationships that involve cohabitation. For example, you could be entitled to support until you move in with a new partner. At this point, the court could decide that you no longer need support.

How much spousal support will I receive?

Spousal support is paid by the spouse with sufficient financial resources to the dependent spouse. This support is designed to help the dependent spouse maintain his / her quality of life after the divorce. If you are entitled to spouse support, the amount that you receive will be determined by a formula based on your financial needs and earning potential and the income of your former spouse.

How much child support will I receive?

California law provides specific guidelines for child support. The California child support formula takes the net disposable incomes of both parents into consideration. This includes wages, tips, unemployment benefits, dividends, rental incomes, etc. Child support is calculated according to the child's needs as well, including medical costs, educational costs, food, clothing, and the cost of day care.

How long does the divorce process take?

In California, the court will take at least six months to finalize your divorce. Child custody disputes, spousal support, and other factors can take longer than six months to resolve. Generally speaking, uncontested divorces are faster than contested divorces; if the couple generally agrees on the terms of the divorce, the divorce process can move faster.

Getting the Answers You Need

As you seek a resolution to your divorce or family law case, answers is what you need. Our firm is available to help you through each step of your case as you make the necessary considerations. Do not hesitate to give our firm a call and ask what you wish about your case. Contact our Modesto family law attorney at your earliest convenience!

Fees and Payments

Here at Scott Mitchell Law Incorporated, when it comes to fees and payments, we strive to be flexible with clients who are seeking legal representation. We offer payment arrangements, flat fee contracts, and traditional retainer agreements. We understand legal representation is necessary for all, and yet difficult for most to pay the fees all at once. Although we cannot guarantee that everyone will be able to hire us, we do promise to do what we can to make it possible for you to hire one of our attorneys to represent you.