Frequently Asked Questions About Family Law

A divorce or any type of family law dispute is often stressful. You are faced with a rush of questions about how this dispute will affect your finances, your relationships with your children and how you will make a new life for yourself.

Our law firm, The Law Offices of John G. McGill, Jr., strives to put your mind at ease while giving you the tools and information you need to resolve your disputes. If you come in to our office in Temecula, California, for a free consultation, we can answer questions like:

1. Is A Divorce Really The Best Plan For Me?

For most people, when a marriage breaks down, a divorce is the best way to proceed. Remember that a divorce many times will not require a bitter trial before a judge. Many couples and their lawyers can negotiate settlements that protect everyone's interests.

For some couples, however, they may find that seeking a legal separation or annulment is the better plan. What is right for you? We can walk you through the pros and cons of each and help you find the best way forward.

2. My Spouse Said I'll Never Be Able To See My Children Again. Is That True?

In California, both the legislature and the courts have moved toward child custody determinations recognizing that most children benefit from maintaining strong relationships with both parents.

When determining child custody, the judge will rule in what is in the best interests of the child. If you and your ex-spouse cannot work out an agreement, a lawyer can help you gather evidence and present a strong case that asserts your parental rights.

3. Does A Prenuptial Agreement Make The Process Easier?

In many cases, a prenuptial agreement can help clients with a great deal of assets quickly divide those assets according to the terms of a negotiated prenup. For some couples, however, a prenuptial agreement could start the marriage off on the wrong foot, if one or both spouses are convinced the agreement means the marriage is doomed. An attorney can help you decide what will work best for your unique needs.

4. I'm Afraid I Won't Be Able To Afford Child Support. What Do I Do?

Do not simply stop making child support payments if you cannot afford them. Doing so could mean wage garnishment or being held in contempt of court. Instead, talk to an attorney about options for modifying the terms of a divorce decree.

5. Do I Need An Attorney?

An attorney can help you think through all of the factors you have not, such as the future effects on your finances and your parental rights. Too many people have made mistakes that set themselves up for future harm by not consulting with an attorney.

For some couples who agree on the issues and just need to fill out some forms, there are options, such as the Virtual Paralegal, that can be used to guide them through the process.