FAQ

No. California law states that child support will be paid until the age of 18 or 19 if the child is still in high school. If a child happens to finish high school prior to reaching 18 years old, the parents are still obligated to provide for that child until he or she has reached the age of majority, unless that child marries or becomes emancipated.

Parents are usually not legally obligated to provide for their children once they reach the age of majority/adulthood. It is not likely that a judge would make such orders.

In this type of situation, and depending on the severity of the disability, it is possible that child support can continue into adulthood.

No one has to move out of the residence for the separation to begin. Separation can begin when one or both spouses decide that they no longer want to be married to the other. You do not have to file anything. It is based on your intent.

Yes. In California one cannot be returned to single status until six months have passed from the date of service of the summons or the filing of a summary dissolution petition.

Not necessarily. The court actually prefers that parties come to an agreement through mediation. If you are able to agree on all issues, a judgment can be prepared and submitted to the court. You most likely will not be required to appear before a judge.

An uncontested divorce in Riverside County refers to a divorce where both parties agree on all major issues, such as asset division, child custody, and support arrangements. This type of divorce can be more amicable and often requires less time and legal intervention than contested divorces. Our Riverside divorce lawyers can guide you through the process to ensure your rights are protected and the proceedings go smoothly.

In California, the minimum time frame to finalize an uncontested divorce is six months and one day from the date the respondent is served with divorce papers. However, the actual time may vary depending on the court's schedule and the complexity of the divorce agreement. Our experienced attorneys at Albright Family Law Group can help expedite the process and address any concerns you may have.

To file for divorce in Riverside County, you must have lived in California for at least six months and in Riverside County for at least three months prior to filing. If you're new to the state, you'll need to wait until you meet these residency requirements. Our Riverside divorce lawyers can provide you with more information and assist you once you're eligible to file.

Yes, in Riverside County, divorce papers must be personally served to your spouse. This is an important step in the divorce process, and it must be done within 60 days of filing. Our team at Albright Family Law Group can manage this for you, alleviating the stress and ensuring that all legal protocols are followed.

Yes. Your daughter can also file her own restraining order if she likes.

If you want to be able to enroll the child in school or daycare, apply for benefits on the child's behalf, authorize medical treatment, or manage the child's finances, you will most likely need to have "letters of guardianship" and provide a copy to the establishment before they discuss anything regarding the minor with you.

The court requires the child's mother, father, and grandparents to be made aware of any guardianship petition. If the contact information is unknown, the court will request information on the methods to locate them.

Legal separation allows couples to live apart while remaining legally married, whereas divorce ends the marriage legally and permanently. Separation can serve as a trial period to determine whether reconciliation is possible.

While dating is generally permissible during legal separation, it’s wise to consider the emotional implications and how it may affect custody arrangements or negotiations.

Legal separation is not permanent; couples can choose to remain separated indefinitely or decide to reconcile or pursue divorce.

Yes, you can transition from a legal separation to a divorce at any time. In fact, many couples find that a period of separation helps clarify their feelings and decisions regarding their marriage.

During a legal separation, the division of assets and debts is typically outlined in a separation agreement. This legally binding document will specify how property and financial responsibilities are handled, ensuring clarity and fairness for both parties.

Parental alienation can have serious emotional and psychological consequences for children, including feelings of confusion, guilt, and loyalty conflicts. It may strain their relationship with the targeted parent and affect their overall well-being and development.

Legal remedies for parental alienation may include seeking court intervention to modify custody or visitation orders, requesting family therapy or counseling for the family, and pursuing contempt of court charges against the alienating parent for violating court orders.

Our experienced parental alienation lawyers at Albright Family Law have the knowledge and resources to navigate complex family dynamics and legal proceedings. We can advocate for your rights as a parent, protect your child's best interests, and work towards resolving parental alienation issues through effective legal strategies and interventions.

If you suspect parental alienation is occurring, it's essential to document any instances of alienating behavior and seek legal advice from a qualified family law attorney. We can assess your situation, provide guidance on your legal options, and help you take appropriate action to address parental alienation and protect your parental rights.

Either the father or mother can file a petition with the court and have the father establish the biological father of the child.

You should still open a case with the court (file a petition) and then you can submit a judgment for the court to sign making your agreement enforceable.

Yes. Depending on the facts, you may be considered the presumed father under California law if you held yourself out to be the father and there is such a bond between you and your step-daughter that she views you as her father. This is a highly complex area of the law.

There are many investigative tools called "discovery" designed to help you get information/documentation from the other party or even third parties to ensure that nothing is being hidden.

You can ask the court to impute an earning capacity if a party terminates his own employment. The court may impute income based on what he was earning at the job he terminated.

There are many factors that are considered when determining if spousal support will be ordered. If your wife is the higher-income earner when support is addressed by the court, it is unlikely that the court will award her spousal support; in fact, you may be awarded spousal support if you earn less than your wife. The court could reserve jurisdiction on the issue of spousal support and allow the parties to come back to court at a later time to request spousal support.

Typically, the court cannot compel you to work after age 65. If you voluntarily retire at 56 years old, a strong argument can be made that you should be ordered to continue paying spousal support because you lowered your income before the age of 65 on your own accord.