Legal Question in Family Law in California
family law divorce
My fiance and I are planning on getting married on Nov.3rd 2007. He was getting a divorce from his ex and his lawyer told him if she signed the papers his divorce would be done in time for our wedding. Before he could get the papers to her she sent him some papers. He has a court date on 8-28-07. Can he get divorced on that date? They both agree on the divorce but not the child custody of there two children.Can he get divorced on that date and set another date for the child custody? We are also wondering if he adopts my son if it will lower his child support. He does not have a order for child support but has been paying her on his own. He is in Iraq now, he is not in the military. He went over as a contractor to get out of debt aquired during their marriage.
2 Answers from Attorneys
Re: family law divorce
your question reaaly requires more facts before a good answer can be provided. In California it takes at least 6 months from the date the respondent received the summons & the petition for dissolution. Next child custody can be agreed upon after the judgement is granted. however wheather it is a good idea to do so depends on the situation and with what you have provided it is not enough to provide an answer. I generally advise against it.
Re: family law divorce
First, yes, you can aske the judge to enter a judgment of dissolution the next time you go to court.
Second, if the papers that are filed for a hearing date for 8/28/07 include visitation and/or custody, then that will be heard on the same date. If not, then you need to file a new OSC for custody and visitation and support.
Most likely his child support will be lowered somewhat if he adopts your son.
Second, you have to file an action for modification of child support.
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