I have often said that 1 can answer any legal question with two words. The same two words, no matter what the question. It depends. Depends on what? Ah! That is the question. These answers are intended as guidelines only. Your case might have specific facts that do not lend themselves to generic answers. See your lawyer.
1. We have been married two years. Can she/he get half of my pension?
It depends on how long you have been a participant in the pension. If you started the pension at the same time you got married, she/he owns half of it's value at separation, but if you continue building the pension, your ex-spouse will have no claim to the increase in value. If you pension had a value before marriage, that part is your separate property. See your lawyer.
2. If I file today, when will my divorce be final?
It depends on when you serve your spouse with the initial papers, and even more on how cooperative you both are in settling all issues. If the parties are in agreement on all issues and a judgment is prepared, which both sign at once, a six-month waiting period begins on the day the Respondent is served. If the judge signs the Judgment within that six months, the divorce will be final six months after the date of service. If the judge signs the Judgment after that six months has passed, the divorce is final the day the judge signs. See your lawyer.
3. He/she says if I file for divorce, I'll never see the kids again. Is that true?
It depends on too many things to cover here. I always ask, "What have you done that makes you so horrible that you should not have any contact with your own children?" The policy of the State of California is that it is in the best interest of children to have frequent and continuing contact with both natural parents. There are exceptions, of course, but in the vast majority of cases, neither parent will be denied all contact with the children of the marriage (or extramarital relationship). And if one party hides the children, it may result in that party having only limited access to the children with monitored visits. See your lawyer.
4. Will I have to pay alimony?
It depends mostly on the need of one and the ability of other to pay. We begin with the fact that spousal support (the legal term for alimony) is not mandated under the law, as is child support. (See next question.) Any recipient of spousal support has an affirmative duty to make a reasonable effort to become self-sufficient, but the time allocated for becoming self-sufficient varies. Short-term marriages or equal income of the parties usually results in no spousal support. See your lawyer.
5. How much child support will I have to pay?
It depends on a laundry list of data. How much do you earn, how much does opposing party earn, how many children are there, how much time does each party spend with the children, what acceptable deductions do you have, is child care required, do you own a house, etcetera, etcetera, etcetera, (With apologies to a Siamese King.) The formula is simple enough: Child support for one child equals the K factor (usually 25%) of the high earner's net income minus the high earner's percent of time with the child times the total net income of both parties, I did say "simple." The major difficulties include determination of the percent of time with each parent and the net income of each. Even with the sophisticated computer program that is available to everyone and the courts, it is a rare child support order, indeed, that pleases either party. It's too much to pay and too little to receive. C’est la guerre! See your lawyer.
6. I owned the house before marriage. Does he/she get any of it?
It depends on how long before marriage, how much down payment you put up, and what money was used to pay the monthly mortgage. The computation is confusing enough without trying to explain it in a sentence or two. The reality is maybe, maybe not. As a general rule, all property that you owned (all paid for) prior to marriage, all property acquired after the date of separation, and all property acquired during marriage by gift or inheritance is separate property, A phalanx of occurrences can twist that simple definition into a mass of confusion. See your lawyer.
