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How to file for divorce, Child custody and split assets of home?

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Location: Sacramento  |  Law type: Family law attorneys
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Been with husband since 2009 married in 2015 active pto since 2019. We have 2 children together ages 1 and 8. I currently have physical custody of 8yr old would like to file for full custody for both children. We own a home together would like information on my rights or what I'm entitled too and filing for divorce. 

Commonly posted questions...

This is a matter of a contested, non-lateral divorce, and suit against the now deceased ex-spouses estate.
4 days 3 hours ago, Family law attorneys, Laporte
During a DSS motion hearing we had asked the judge prior to the case beginning for legal representation because we didn't have any as parents of the children he granted this that but
1 month 2 weeks ago, Family law attorneys, South Carolina

Legal Solution

The response provided below is specific to Family law attorneys in the jurisdiction of Sacramento. If the response is inadequate, please submit a detailed inquiry.

Divorce and Child Custody in Sacramento

Analyzing your query, you're seeking information about divorce proceedings, child custody, and division of assets, specifically in the context of your family home in Sacramento. Navigating through these complex legal matters requires the understanding of Sacramento-specific family law regulations.

Relevant Statutes and Websites

  • California Family Code - Governs family relationships including divorce, custody, and property division.
  • Sacramento Superior Court - Manages family law cases in Sacramento.
  • Sacramento Superior Court Website

Solutions for Divorce and Child Custody Matters

  1. Filing for Divorce: Initiate the divorce by filing a petition at the Sacramento Superior Court. Ensure you provide all details about your assets, debts, children, and your desired custody arrangements.

  2. Child Custody: Since you already have physical custody of the 8-year-old, you can petition the court to grant you full custody for both children. Courts generally decide custody based on the best interests of the child. Factors like stability, safety, health, and emotional welfare are considered.

  3. Division of Assets: California is a community property state. Generally, assets and debts acquired during marriage are equally divided. However, factors like contributions to the home, the economic situation of both parties, and the duration of the marriage can influence the outcome.

  4. Legal Assistance: It is advisable to find the right lawyer who specializes in family law to guide you through these processes.

Cost Estimations for Legal Services in Sacramento

Service Estimated Cost
Initial Consultation $150 - $300
Divorce Proceedings $5,000 - $15,000
Child Custody Battle $3,000 - $40,000
Division of Assets Evaluation $2,000 - $10,000

Note: These are average figures and actual prices may vary based on the complexity of the case and the lawyer's experience.

Clarifications and Next Steps

It's essential to understand every facet of your case for an effective legal strategy. Have you discussed your intentions with your husband? Mutual agreement can significantly simplify the processes. If you need personalized advice, consider utilizing platforms like ExploreLawyers to compare lawyers in your area.

Key Questions for You

  1. Have you and your husband attempted mediation?

    Mediation can help address disagreements and reach mutual decisions, saving time and money.

  2. Are there any other shared assets or debts apart from the home?

    This will help in understanding the complete financial picture for asset division.

  3. What are the specific reasons you seek full custody for both children?

    The court will need compelling reasons to grant full custody.

Q: How is child support determined in Sacramento?

A: Child support in Sacramento is calculated based on both parents' incomes, custody arrangement, and the needs of the child, in accordance with California's child support guidelines.

Q: Can I modify a child custody agreement after it's finalized?

A: Yes, custody agreements can be modified if there's a significant change in circumstances, and it's in the best interest of the child.

Q: How are retirement assets divided in a divorce?

A: Retirement assets acquired during the marriage are considered community property and are typically divided equally.

Q: Can I get alimony in Sacramento?

A: Alimony, or spousal support, is determined based on factors like the length of the marriage, the standard of living during the marriage, and the needs and abilities of both parties.

Q: How long does a typical divorce process take in Sacramento?

A: While uncontested divorces can take a few months, contested divorces may take a year or more, depending on the complexity and the court's schedule.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "How to file for divorce, Child custody and split assets of home?" has been changed 7 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Sacramento & area of law: Family law attorneys.
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Family law attorneys

A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.

  • Marriage, civil unions, and domestic partnerships (domestic violence)
  • Adoption and surrogacy
  • Child abuse and child abduction (child custody, child care)
  • The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
  • Juvenile adjudication
  • paternity testing and paternity fraud
  • more about family law at wikipedia

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