California Divorce Questionnaire

State:
Multi-State
Control #:
US-Q1011
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a divorce matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Examples of conflicts of interest include: Representing both you and your spouse in your divorce. Representing you if your spouse is represented by another lawyer at their firm.

In the most common sense, all community property in California must be divided equally between spouses. However, there are some exceptions. Although the marital property is subject to division during divorce, not every item will be split in half. It's common practice to award spouses with different types of assets.

In California, the state follows a 50/50 law, which means that any assets that were acquired during the marriage are split equally between both spouses. While this may seem like a fair approach to asset division, it can create problems for individuals who want to keep what's theirs.

In California, a wife is entitled to half of the marital assets and up to 40% of her spouse's income for child support, spousal support, and other terms of the divorce settlement. If you are going through a divorce, it is important to explore the entitlements a wife has and how the final settlements are determined.

You should know that under California law, if one spouse wants a divorce, the other spouse can't stop them. Two people must agree to be in a marriage, and the courts will eventually grant your divorce petition regardless of whether your spouse wants a divorce.

One common misconception is that under the ?10-Year Rule,? a California couple must have been married for ten years in order for a spouse to be awarded permanent or long-term alimony during a divorce. In truth, the court can consider the length of a marriage and numerous other factors when deciding spousal support.

Because each spouse gets a 50-50 share of community property, the marital estate is divided during the divorce process. This does not necessarily mean that every asset is split into two, since this is often not possible.

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California Divorce Questionnaire