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Family law can be complicated. If you are facing a divorce or any other family law dispute, you probably have lots of questions. At Fenchel Family Law PC, our experience focuses on helping clients get the answers and results they need. Our San Francisco family law attorneys are knowledgeable and equipped to help you find the information you require quickly and efficiently.

As you begin your quest for reliable information about your case, discover the answers to some of the most frequently asked questions below.

Call (415)-805-9069 now to schedule a consultation with one of our experienced legal professionals.

Frequently Asked Questions

• Q:How Do I Start a Divorce in California?

  A:If you have the appropriate grounds and meet the requirements to file for a divorce, you may initiate a divorce by submitting a petition for the dissolution of marriage. You will then need to serve the petition to your spouse.

• Q:Where Will the Children Live after Divorce?

  A:In California, each parent has the right to spend equal time with his or her child. That said, the court’s focus regarding all decisions related to children is the best interests of the child. Often, a child will live with one parent during the week and visit the other parent on the weekends. However, a variety of factors play into determining custody and visitation schedules.

• Q:Who Pays Child Support in California?

  A:California law states that each parent is legally responsible for the financial support of their child. A court can order one or both parents to pay every month for the expense of raising a child. The child support payment will be determined based on both parents’ incomes and the amount of time that each parent physically spends with the child. Generally, the noncustodial parent will make payments to the custodial parent.

• Q:What Is Mediation?

  A:When many people think of divorce, they think of a courtroom. Mediation provides a way for couples going through separation or divorce to work out agreements on their own with the help of a neutral third party. Among the top advantages are that it saves significant time and money.

• Q:How Can the Law Protect Me from Domestic Violence?

  A:Those who have been threatened or abused by someone in their household have the right to protect themselves from future abuse. The law protects victims of domestic violence through court-issued restraining orders. These restraining orders can ensure that the abuser does not contact you, does not go near you, and stays away from your home or work.

• Q:What is the difference between spousal support and spousal maintenance?

  A:In California, the terms “spousal support” and “alimony” are used interchangeably to refer to payments from one spouse to another after a divorce. The term “spousal maintenance” is often used in other states, but in California, you will only see the terms “alimony” or “spousal support.” California law and courts use a specific set of factors to determine if spousal support is appropriate, how much should be paid, and for how long. There are two types of spousal support: temporary and permanent.

• Q:How does a prenuptial agreement impact a California divorce?

  A:A valid prenuptial agreement can significantly alter the outcome of a California divorce. While the law mandates an equal 50/50 division of community property by default, a well-drafted and legally enforceable prenup allows a couple to customize how they want their assets and debts to be divided. It can protect separate property from being commingled, define spousal support terms, and provide a clear roadmap for the division of assets, including family businesses. For high-net-worth clients, a prenup is a strategic tool to protect their financial legacy.

• Q:What is the difference between contested and uncontested divorce in California?

  A:An uncontested divorce means both spouses agree on all major issues like property division, child custody, and support, making the process faster and less expensive. A contested divorce occurs when spouses cannot agree on one or more issues, requiring court intervention and potentially a trial. Most divorces start contested but become uncontested through negotiation or mediation.