Frequently Asked Questions

Before coming to any decision regarding your family or your children, we understand that you often have questions that need to be answered before you can determine your next step. That is why our firm has provided a list of valuable and commonly asked questions as well as our answers so that you can feel more prepared before jumping into any legal action. Covering topics related to mediation, custody and more, it is our goal to help you pursue the option that will be most beneficial to you.

Do I need a lawyer for my divorce?
No, you don't. However, obtaining a divorce in California can be confusing, especially if there are issues while obtaining child custody, spousal support or child support which need to be resolved. If you and your spouse are divorcing in an amicable fashion and are in agreement about the issues involved, that makes it easier. If there are disagreements and disputes which need to be addressed, you will be better off with professional legal representation to ensure that the divorce is settled in a fair and just manner.

How long does it take for a divorce to be finalized?
Every case is different but on average there should be a zero to six month period from the point of filing for divorce to the finalization of the divorce. Within that time period, a judge can make a ruling earlier than six months and once it has been made, it is effective at once. Of course if the couple cannot come to agreements on various issues, it may take longer and in certain cases it can take years.

What are the benefits to mediation?
Not only does mediation cost much less than going through a public court system, it is also completely confidential and intimate. It involves the two parties seeking separation as well as a neutral third party mediator. Together they work through the various pieces of divorce including custody, property division and alimony. One of the main benefits is that it allows the couple to ultimately determine how their assets will be divided and who takes responsibility for what. In regular court situations, the judge will decide what happens with the couple's debts, property and child custody issues. More efficient and often more amicable, mediation is an excellent alternative for a lot of couples seeking separation.

How can you obtain child custody?While custody is not guaranteed for either parent, there are certain things you can do to help your chances. It is imperative that you spend a lot of time with your child and not move out before the custody battle is over. Equally important is the way in which you treat your child during this time and how involved you are in their activities, appointments, and education. Do not expose them to inappropriate or unhealthy environments. Never talk badly about your spouse in front of the child or to anyone else during the legal process. Always be on time to court dates and anything involving your child to prove that you are reliable. Lastly and most importantly, hire an attorney that can accurately represent you before the judge.

What exactly is alimony?
Alimony refers to the financial support paid to a dependent spouse after the divorce has been finalized. It is also called spousal support. Spousal support may also be paid while the case is ongoing. There is no set calculation for what the alimony amount will be. Many factors are taken into consideration by the court in determining alimony. Talk to the family law attorney at the firm if you have questions about what type of alimony you might receive or be required to pay if you should seek a divorce.

What is a "no-fault" divorce?
The concept of a "no-fault" divorce means that married partners can divorce when they have irreconcilable differences that have caused the marriage to break down. No one needs to prove that the other party is at fault or guilty of any misconduct. All that is important is that there is no prospect of reconciliation.

What does "grandparents' rights" mean?
The term grandparents' rights refers to the legal right of a grandparent to seek custody of a grandchild that has been abused, abandoned, neglected, or in some other similar situation. It also refers to visitation rights to a grandchild that a grandparent may legally seek. If you are interesting in seeking visitation rights or custody of a grandchild or grandchildren, it is in your best interests to speak to the family lawyer at the firm about your specific circumstances.

Finding Legal Assistance

Divorce cases and other types of family law issues can result in long, drawn-out and complicated legal court proceedings. If you have a qualified and educated lawyer at your side, much of this process can be diminished. Pursuing alternatives with the help of our knowledgeable lead attorney who is a gifted in mediation, you can find yourself saving time and money. Be sure to contact our office with any further questions regarding anything related to family law. Fill out our free case evaluation and do not hesitate to contact our office directly for a free consultation if you are more comfortable with that.