Frequently Asked Questions

Will I have to pay alimony?

Spousal support, or alimony, is generally awarded when one spouse earns significantly more money than the other and the lesser-earning spouse does not have sufficient income to retain the lifestyle that they had prior to the divorce. Often, this is because one spouse has been a stay-at-home parent or is in continuing education. Sometimes the judge will award temporary spousal support; this type of alimony is for a short time until the lesser-earning spouse is able to find gainful employment or complete his or her education. 

Can I move if I have custody of our children?

It depends on the agreement reached during the divorce. Especially in joint custody cases, a judge may decide that moving a significant distance will be harmful to the children's development. In this situation, the judge can order that you cannot relocate outside of a certain area. In sole custody cases, you may move out of state as long as the move is not purely for the purpose of limiting the other parent's role in your children's lives. 

What types of assets are considered communal property?

Communal property is property that is owned by both you and your spouse. When you get married, unless you have a prenuptial agreement, the property that you acquire during the marriage is jointly owned. During a divorce, communal property is divided; divisible property can be tangible or intangible. Tangible property includes assets like your home, vehicles, furniture, artwork, bank accounts, and retirement accounts. Intangible assets are generally the value of things like a patent, celebrity status, or a professional degree.

How can your firm help me?

Kevin Gibbs is a certified family law specialist who can offer experienced counsel in the following areas: child custody, child support, divorce, mediation, collaborative law, domestic violence, post-judgment modification, property division, restraining orders and spousal support. 

Contact an Orange County Family Law Attorney today.