Divorce Frequently Asked Questions

Is it really possible to have one attorney for both parties?

Yes.  We will not keep any relevant information from either client and ensure that both clients are well-informed.

What if I start with dual representation, but ultimately need my own attorney?

If particular cases are extremely complex and may risk confidentiality, attorneys are equipped to handle it, and will ultimately break the case into a two step process, to ensure that both clients will benefit.

What happens if I would like to cancel my contested divorce?

As long as no judgement has been entered, you may cancel your divorce petition.

Do I have to pay alimony/spousal support (if I petition for the divorce)?

It depends on each individual case, but spousal support can be negotiated.

If your marriage was short or both spouses are self-sufficient, you are less likely to be required to pay spousal support.

How long does it take for my divorce to process?

Contested: Varies based on complexity
Uncontested: Around 6 months after filing.

Do I need a reason to file for a divorce?

In the state of California, “no fault” divorces are recognized so people can file without a reason, or a "fault".  If you are in a different state, please see if your state recognizes "no fault" divorces.

I know I want a divorce.  How and where do I start?

  1. See an attorney.  In divorces, cases can get complicated very quickly, so you will want to be aware of all your options and anticipate an potential problems.
  2. Once you are informed of your options, plan and make sure you end goals are realistic.  In a divorce, both partners will have to compromise.  Come up with ideas of what you want out of the divorce.  This stage is crucial to make the divorce as simple as possible.

What is a legal separation and how is it different from a divorce?

A legal separation is an arrangement by court order in which a couple remain married but live apart.

What is a marital settlement agreement in a divorce?

A Marital Settlement Agreement is a contract used in uncontested divorces that divides property, assets and debts of a marriage.

Do I have to go to court during a divorce?

If you have an uncontested divorce, you may not have to go to court.  Legal documents can be filed with the court, and the judgement can be sent to you.

HOWEVER, the court may request a formal or informal hearing.  In a formal hearing, the divorce case must be presented from the beginning.  At an informal hearing, the judge may ask questions about certain facts in the papers.  For more information on this regarding your case, please speak with an attorney.