Family Law Frequently Asked Questions
1. 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.
2. 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 appreciated. Normally the cost depends on the number and complexity of the issues in the case, 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. Should the opposing party be obnoxious, recalcitrant or litigious, fees will necessarily rise. Multiple court appearances also result in increased fees.
3. Do you offer free consultations?
Yes, we will talk to you for 10-15 minutes by phone concerning your case. If you decide to come in for an office visit, we typically will ask you to pay our hourly rate.
4. Does it matter how long we’ve been married?
Yes, especially if one of the parties is seeking spousal support from the other. In California if a marriage is of long duration (over 10 years) the court cannot set a termination date for support at the time of trial (the parties can agree to do so). For a marriage of less than ten years, the court has discretion to treat it as a marriage of long duration, 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.
5. 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 take place on the request for more long term orders.