Here Are The Answers
How long does a divorce take?
How much does a divorce cost?
Do you offer free consultations?
Does it matter how long we’ve been married?
Does it matter who files first?
How long do I have to pay alimony for if i was married for 9 1/2 years?
What are the next steps
In Child support issues is it legal for a judge to make a judgement when the case belongs to a different county?
How long does a divorce take?
California has a minimum waiting period of six months from the date the respondent is served with the petition for dissolution of marriage before a judgment of divorce can become effective. Although the parties can agree on everything before that period expires, the actual judgment dissolving the marriage cannot become effective before that period expires. Cases typically take longer than that. It is very difficult to predict how long the whole case will take since it depends on the complexity of the issues in the case, how much involvement of the court and attorneys is required to resolve the issues, and finding time on the court’s calendar.
How much does a divorce cost?
Potential clients often ask how much a “simple divorce” costs. Although there are truly simple cases that do not cost much, it often becomes apparent after talking to a potential client that the case is more complex than they had anticipated. Normally the cost depends on the complexity of the case, the number of isues, the need for frequent involvement of the court, the intensity of the disagreements between the parties, the strategies of the attorneys and the need for obtaining records from the other party and third parties. Fees will increase should the opposing party be difficult, not willing to settle the case amicably or push the case into the court system. Learn more about divorce
Do you offer free consultations?
Yes, we will talk to you by phone or in person for 45 minutes concerning your case. You will be charged the attorney’s hourly rate for any time after the 45 minutes. Give us a call.
Does it matter how long we’ve been married?
The length of marriage only makes a difference if one of the parties seeks spousal support from the other. In California if a marriage is long term (over 10 years) the court cannot set a termination date for support at the time of trial unless there is evidence the supported party will be self supporting by the termination date. However the parties can agree to a termination date. For a marriage of less than ten years, the court has discretion to treat it as along term marriage, but need not do so. There is a rule of thumb in short term marriage cases that spousal support terminates after half the length of the marriage.
Does it matter who files for divorce first?
It generally does not matter who is the first to file since both parties will have the same right to present their case to the court. However, if the spouses live in different counties in California, different states in the United States or different countries, the court in which the first petition to start the case is filed and served on the other party will generally be the court that handles the rest of the case. Thus, it can be very important to be the first to file in such cases. It can also be important to be the first to file where the filing party requests temporary relief from the court concerning issues such as custody of the children, possession of the house or other items of property, or domestic violence orders, since such temporary orders will remain in effect until a hearing takes place on the request for more long term orders.
How long do I have to pay alimony for if i was married for 9 1/2 years?
I was never told how long to pay for, the judge issued me a date to go back to court to find out and just before the date I received a paper saying my court date was vacated.
California law basically says that if the marriage is less than 10 years a court can, but need not, set a support termination date at the time of the trial on long term support. Where a marriage is almost 10 years as this one the court will often be willing to treat the marriage as long term. Where the marriage is long term, the court cannot terminate support unless there is a showing that the supported party will be self-supporting by a certain date (this is rare).
If the judge does not set a termination date, then support continues until it terminates automatically because of the death of either party or the marriage of the supported party or the supporting party obtains a court order terminating support. There are many factors a court can consider in making a termination order and you should consult an experienced attorney to get a better idea of the circumstances in which you could expect to terminate support.
What are the next steps?
A woman that my boyfriend had a one night stand with 5 years ago found him on Facebook last week and decided to tell him that her 5 year old daughter is his daughter. He took a paternity test and that confirmed that the child is biologically his. The child has known someone else to be her father for her whole life. Does my boyfriend have any obligation to be in the child’s life? Does he still have to pay child support even though he didn’t know the child existed? If he wants to be in the child’s life how would custody work since the child has no idea who he is?
California law makes your boyfriend liable for child support and gives him custodial and visitation rights even though he did not know the child existed until recently. His child support obligation would only start when he or the mother start a court proceeding. He has no obligation to participate in his daughter’s life but there are two good reasons for him to do so. The first is that a child who does not know their biological parent always wonders about who that person is and why that person did not want to be with the child. The second is that child support depends dramatically on the time that each parent has with the child.
As a practical matter in cases where a parent and child have never met or have not seen each other for an extended period, the court or the parents will set up a step by step process to build familiarity between the parent and child. This can be a simple process of, for example, meeting in a park or other setting where the mother can introduce the child to the father and maybe you and let the child get to know his other family. If the two families cannot get along then typically a therapist will be involved to bring the parent and child together. As a relationship develops, then a regular visitation schedule can be arranged.
There are a lot of variables as to how this should proceed and I advise talking to an experienced attorney who can make recommendations as to a plan suitable to the circumstances.
In Child support issues is it legal for a judge to make a judgement when the case belongs to a different county?
I reside in California and he moved to Nevada 2 years ago and the case was tried with his old address which he never up dated.
From your address I’m going to assume the case was started in Santa Clara County. That court retains jurisdiction over the case so long as the child or either parent remains in Santa Clara County, whether or not a party has moved without changing their address with the court. However, if the child now resides with the Father in Nevada, either parent could file an RFO in the Santa Clara County court to request that the court stay the case in California, allowing the appropriate Nevada court to determine child support. This can be done without a lawyer, but I would strongly recommend at least consulting with one.
