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FAQs

If I decide to file for divorce, how soon can I be single?

  • In California there is a six-month waiting period between the date the Petition for Dissolution is served on the other party and the earliest date you can terminate your marital status.  However, “status termination” is not automatic.  If not requested earlier, your marital status will usually end at the conclusion of your case and the entry of your Judgment of Dissolution (Divorce).

 

What is the difference between legal separation and divorce?

  • At the conclusion of a case for divorce, assets and debts are divided, the custody of children (if any) is determined and spousal and/or child support is established.  The parties are returned to the status of single individuals.  If a Petition for Legal Separation is filed, the same issues are resolved at the end of the case but the individuals remain married or retain their status as domestic partners.

 

What should I bring to the initial consultation appointment?

  • If you have been served with legal papers, you should bring those papers with you together with any correspondence you may have received from the attorney for the other party.  If you and your partner or spouse have set an appointment for mediation, you do not need to bring anything but yourselves.   

 

Can I bring someone with me to the initial consultation or any later meetings with the attorney?

  • It is preferable to meet with the client alone in order to protect the confidentiality of attorney-client communications.  However, if you need the assistance of a “support person”, an interpreter or another professional, please raise this issue when we set the appointment so we can determine the best way to proceed.

 

I have a busy job.  Is there a way to minimize the time I need to take away from work and our children’s scheduled activities?

  • ​​Parties who obtain their divorce or resolve their post divorce family issues through mediation have the most control over their schedules.  If not in mediation, parties who work with their respective attorneys and engage in settlement can also influence the degree to which the process interferes with their own schedules.  If your case is litigated, hearings in court and deadlines imposed by the litigation process reduce your ability to manage your own schedules.

 

My profession involves sensitive information, how can I honor my professional commitments to keep information confidential while going through the divorce/separation process?

  • ​Individuals going through the divorce process are required to disclose information with reference to their assets and obligations as well as investment opportunities, business interests, etc.  These disclosures are not filed with the court but are provided to the other party and that party’s counsel.  As part of this process, we work with our clients to meet the privacy and confidentiality requirements imposed by their employment or profession.  

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