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Family Resolution Services
11661 San Vicente Blvd., Suite 500
Los Angeles, CA (310) 207-1049 |
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Frequently Asked
Questions Regarding Divorce Settlement
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| Q: |
How long will my divorce
take? |
| A: |
In California, there is a mandatory waiting
period of six months from the time that the responding party is served with (or
acknowledges receipt of service of) the summons and petition (which is filed to initiate
the legal divorce). That means a judgment terminating the status of the marriage cannot be
entered before that time period, although the judgment including all of the other terms of
the divorce may be filed before, and then, on the six-month anniversary of the date of
service, the status will be terminated. Other than by filing the judgment, though, the
termination of the status of marriage is not automatic. If no one files a judgment
including all the terms of the divorce, nothing happens. Also, if you wait until the
end of the calendar year to submit a judgment, your judgment may not necessarily be
entered until the following year because there are many technical rules in obtaining a
judgment, and they are sometimes sent back for correction two or three times. Further, in
December of each year, there is often a significant backup in the courthouse, where each
judgment and the related documents are reviewed for technical errors before the Court
grants a divorce. In very simple cases, the parties may reach agreement in a short time.
More typically, however, it takes about a year and, in many cases, it may take several
years to reach the terms of dissolution, either by settlement or by judicial order. This
is in part because of the need to find out information about income, expenses, assets, and
debts, in part because of the many temporary issues that must be handled, but also because
it is typical that one party is less emotionally ready than the other to divorce. Usually,
one person has been thinking about separating for a long time and the other person needs
time to catch up. The less-ready person may cause delays, consciously or unconsciously.
Therefore, the process will go no faster than the time needed for the
"slower" spouse to make decisions. This is true whether the matter is mediated
or litigated since there are many legitimate ways to drag out the process. Finally, it is
important for both parties to the divorce to take enough time to reach an agreement that
neither will regret in the future. At the early stages of separation, people often
do not think clearly, so it makes some sense to take it a bit slow until you each have an
idea of what the future holds. Pushing a non-cooperative spouse too early in the process
can often be highly unproductive and stress inducing. |
| Q: |
What if I don't like my
lawyer's tactics and strategies? Can I get a second legal opinion without firing my
lawyer? |
| A: |
You definitely can get a second legal opinion
without firing your lawyer. Here are some things you should consider: Most family law attorneys charge by the hour to act as consultants.
(Some lawyers will meet with you for free if they think they will get a new case, but
their advice may be less than impartial.) An impartial consultation, though, may be a
valuable expenditure if it gives you peace of mind.
Sometimes, however, getting a lot of advice is confusing.
Every one has a different style, and many family law decisions are judgment calls, not
black-and-white options. Second-guessing another attorney's decisions is difficult at best
for the attorney, and many clients find it difficult to sort out which opinion is better.
The advice you will receive is also limited by the input
you provide. If the consulting attorney does not have all the facts, or if you present
information in a biased or confusing manner, the advice you get will be less valuable. To
avoid getting back the information you want rather than the truth, ask your consulting
lawyer not to advocate for a particular position. Choose reality over wishful thinking.
You may also be confusing your unhappiness about the
divorce with your unhappiness with your legal representation. Use counseling to sort out
your emotional issues.
If the issue is one of personality and you are unhappy with
your attorney, a consultation with another attorney may be helpful in opening up your
options. A relationship with an attorney during a divorce is a close one, and you must be
comfortable with your attorney. You must also feel that your attorney is behaving in a way
which does not make the process worse for you or your children in the future.
Be careful in choosing a second attorney, though. It is the
general folk wisdom among family lawyers that clients who have had more than two attorneys
are not good clients, and judges also look askance at parties with serial lawyers. |
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Copyright: 2006. Fern Salka, Los Angeles family law attorney. All rights reserved.
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