Family Law FAQs

The following are answers to questions frequently encountered by Santa Barbara attorney Mac Sanborn in his divorce and family law practice. If you have further questions or need to speak with a lawyer regarding a domestic relations matter, contact the office of McCleary H. Sanborn, III, Attorney at Law, for immediate assistance.

Q. When can one get divorced?
A. California recognizes a no-fault divorce, meaning that a particular ground such as adultery, abuse, or abandonment does not have to be proven on the part of one of the spouses in order to obtain a divorce. Instead, the court can grant a divorce on the grounds of the irreconcilable differences of the parties.

California does maintain a six-month residency requirement, meaning that at least one of the spouses must be a resident of the state for six months before a petition for divorce can be filed.

Q. How is child custody determined?
A. The overarching factor considered by the court is what is in the best interest of the child. Within that framework, the court considers the child's health, safety, and well-being. Although some form of joint custody is usually granted, factors such as the age and sex of the child, as well as whether there is any history of abuse by one of the parents, may lead to a decision of sole custody.

While the court has wide discretion to determine what is in the best interest of the child, it is not supposed to consider certain factors, such as a parent's physical disability, lifestyle, religious belief, or sexual orientation. Rather, the court considers the age and health of the child, the emotional ties the child has with each parent, the ability of the parents to care for the child, and the child's ties to the community where each parent will be residing.

Q. How is child support determined?
A. If the parents cannot come to an agreement as to the proper amount of support, the state uses a formula or guideline for calculating what the payment will be. The main factors included in this calculation are the number of children, the time share percentage, gross income, tax liability and deductions, additional child support, and financial hardships. See our resources page for links to more detailed information.

Q. Can a divorce decree be modified?
A. Yes. An order of custody and visitation, child support, or spousal support can be modified upon petition to the court and proof of changed circumstances. Common circumstances warranting a modification include an increase or decrease in either spouse's income, an increase in the child's needs, or the desire or need of one parent to move to another state.

Q. How do I enforce my custody or support order?
A. It is possible to get a wage assignment as part of the order, so that the support amount is automatically withheld from the other parent's wages and forwarded to you. Also, if the local child support agency is involved in the case, it will place a lien on the person's real property and bank accounts in the state. The local agency has many other tools at its disposal as well, and can intercept tax refunds and other state-paid benefits, as well as withhold the granting of government licenses from a person who is delinquent on paying support. Eventually, a person could be prosecuted for non-payment of support, and face incarceration if convicted.