Legal Question in Family Law in California

Re: Divorce Wanted By One Party

His ability to delay will be very limited, particularly if there are no economic issues to litigate. Just tell your attorney to file a case and request the earliest possible trial date.

Re: Divorce Wanted By One Party

Waiving spousal support is something that should not be done lightly. There are many situations in which it is good to do, however, there are many other situations where it is not in your best interest to do so.

Child support cannot be waived. There are lots of factors that go into the setting of child support. If the parties reach an agreement setting support at less than the statutory guidelines, then it can be changed at any time. (Even the very next day after the order was made).

You should talk to an attorney to discuss your rights and options. If you are in Santa Clara County you can contact my office at 408-287-8484 for a free one-half hour consultation.

Re: Divorce Wanted By One Party

The bottom line is if you hire an attorney to prosecute your divorce, your husband may be able to cause some delay for discovery, it depends upon the facts of your situation. The Courts will generally not award 50% custody unless the parties agree and the Court finds that the agreement is in the Childs best interest. A Judgment can be entered by the Court very soon, however in any case your divorce cannot be final until 6 months from the date of service of the papers on your husband. If you do not have an attorney, I would be more than glad to help you out in this matter. If you are located in Southern California you can call me for a free telephone consultation at 818-342-8020 x1