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Frequently Asked Questions About Family Law

Family law covers a wide range of situations that can occur throughout a client’s life. Below are answers to some frequently asked questions that we have received from our clients about divorce in California.

Are there different types of divorce available in California?

Generally, a divorce in California is either contested or uncontested. In a contested divorce, the parties are not in agreement on the terms of the divorce and must hire divorce attorneys to litigate in court to resolve their differences. An uncontested divorce is one where the parties have been able to come to an agreement outside of court on divorce terms including division of property, spousal support, child custody and child support. A Fairfield, California, family law lawyer helps with contested or uncontested divorces by completing and filing the necessary paperwork with the courts, mediating settlement agreements or litigating divorce terms.

What are the benefits of using a local firm for family law matters?

Divorce proceedings in California are handled in the county court system. Local family law attorneys have a better understanding of the court process in the county and know the clerks and judges involved in family law cases. Knowing the judges can be helpful in preparing and presenting your case.

At Barber Tubis Law, P.C., our family law attorneys in Fairfield are well known in the community, and they know what community resources are available to you as you transition through your divorce. Divorce can be a difficult time for the entire family, so having local lawyers like ours represent you may reduce the stress and expense of traveling long distances to meetings.

Why would I want to choose mediation versus litigation for my divorce?

While divorce mediation is used to come to a settlement agreement outside of court, litigation resolves the terms of the divorce settlement in court. Mediation is facilitated by a neutral attorney, who guides both sides through the process. Mediation is less adversarial, less expensive and, usually, faster than litigation. It is also a little easier for families with children – parents, rather than a court judge, work out the agreement on child custody and visitation.

Even with mediation, however, you and your spouse may need to be represented by separate family lawyers to provide you with legal advice on an individual basis. If you are unable to come to agreement on all terms in mediation, you may still need to go to court to litigate a settlement.

Will I be able to collect spousal support if I divorce?

Spousal support depends on whether you can come to an agreement. If you cannot, the court determines if spousal support is necessary and looks at whether the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.

What happens if my ex-spouse does not pay child support?

If child support has been awarded, the local child support agency will try to help you collect. If it is unable to collect from the noncustodial parent, the local child support agency will report it to the family court. The noncustodial parent can then be held in contempt of court for nonpayment of child support.

Our Team Is Here To Answer The Rest Of Your Family Law Questions

Our attorneys at Barber Tubis Law, P.C. guide families through the emotional divorce process by providing sound legal advice and understanding. They work to achieve the resolution you want through their knowledge of California laws and Solano County court processes. Our lawyers are experienced in all areas of family law and are available to discuss your needs and determine the best approach to take for your divorce. Contact us online at 707-429-2222 to schedule a consultation.