Divorce Lawyer FAQ
How long do I have to respond to a divorce Petition?
You have thirty days from the service of the Petition for Dissolution to file a response. If you fail to meet this deadline then your spouse can request that the court enter a default against you. You don’t want this to happen. If you are up against the deadline you need to either get a response filed or ask for an extension in writing. At Griffith, Young & Lass we can get a Response prepared and filed for you on the day that you call our office. If you are approaching the default deadline call us now. 858-345-1720.
How long does it take to get divorced?
Technically your divorce can be finalized six months from the date that the Respondent is served with the Summons and Petition. Some divorces take much longer depending on the circumstances. At our family law firm settlement is always the number one priority. We will try and settle your case quickly and as cheaply as possible. Sometimes litigation is unavoidable, but we always do our best to keep the costs down.
How much does a divorce cost?
We have handled quick and easy full divorces completed to Judgment for as little as $750. However the average retainer is $2,500 which generally covers a divorce with limited issues in dispute. Of course there are always exceptions and some divorces can get quite expensive.
What issues are decided in a divorce?
The issues that are determined in a California divorce include property rights, child support, spousal support, child custody and visitation, attorney’s fees, and other related issues.
How is alimony decided?
California family court judges consider many factors when making a final spousal support determination including: the marital standard of living; the earning capacity of each party; the requesting party’s need for support; the supporting party’s ability to pay; the age and health condition of each party; the length of marriage; each party’s access to assets including separate property assets; any equitable consideration related to one party having forgone career opportunities in order to rear children of the marriage
What if I have a prenuptial agreement?
If you have a prenuptial agreement the first issue to address is whether or not the agreement is valid and thus enforceable in family court. Either you or your spouse may wish to challenge the validity of the agreement. If the prenuptial agreement is either not challenged or found to be valid after challenge then your divorce just became a whole lot more simple. Depending on the terms of the prenuptial agreement there may or may not be additional issues to address in your divorce.
How are businesses divided in a divorce?
It depends on whether the business was started during the marriage or prior to marriage. Depending on the type of business and facts relevant to the management and investment sources related to the business, there are different formulas that your divorce lawyer will use in order to determine your respective rights concerning the business. This is a complex area of the law and it is very important that you understand your rights and obligations related to the business.