Frequently Asked Questions
- What do you charge?
- What is the difference between divorce (dissolution) and nullity (annulment)?
- What is an Order to Show Cause?
- How long will it take to get to trial?
- Does it matter who files for divorce first?
- Can I stop my spouse from divorcing me?
- What is a marital tort?
- What is bifurcation?
Q: What do you charge?
A: We bill on an hourly basis, charging a retainer in advance against which the hourly rate applies. This retainer amount is determined by the nature and complexity of the case.
Q: What is the difference between divorce (dissolution) and nullity (annulment)?
A: Divorce arises out of grounds arising after the marriage, whereas annulment (nullity) is limited to situations existing at the instant of marriage, i.e. lack of capacity, underage parties, prior existing marriage, or fraud in inducing the other party to marry. The distinction is important, because if the marriage is annulled, there is no spousal support (alimony) and no community property.
Q: What is an Order to Show Cause?
A: An Order to Show Cause is an immediate, interim hearing which can decide temporary issues of custody, visitation, support, and which party remains in the house until the time of trial.
Q: How long will it take to get to trial?
A: If the parties reach an immediate settlement, a Judgment can be submitted within a few months. If the case escalates and litigation becomes necessary, it can take several years. Simply stated, the parties themselves control the process, how long it takes, and how long it will cost.
Q: Does it matter who files for divorce first?
A: Absolutely. Within Los Angeles County, there are numerous districts (such as Santa Monica, Long Beach, or the San Fernando Valley) that all have their own courthouses. The person who files first picks the district, and there are certain advantages in filing in a branch court rather than the central district downtown. More importantly, if a case goes to trial, the person who files first gets to tell their story first, and that can be a huge advantage.
Q: Can I stop my spouse from divorcing me?
A: No, you cannot. California is a no-fault state, which means that in the dissolution petition, the person requesting the dissolution only needs to state that there are irreconcilable differences and that counseling will not help the marriage.
Q: What is a marital tort?
A: This concept was developed in Texas where, for a long period, alimony or spousal support did not exist. A marital tort is when one spouse sues another, or sometimes a third party, for something that arises during the marriage, during divorce proceedings, or in some circumstances, even after the divorce has been finalized. Examples of marital torts include assault and battery if a spouse strikes another, transmission of a sexually transmitted disease, rape or sexual assault, fraud, harassment, interference with custody, and invasion of privacy.
Q: What is bifurcation?
A: Bifurcation is a proceeding by which the Court tries and decides a separate issue, such as the validity of a pre-marital agreement or the date of separation, apart from the rest of the proceedings. Bifurcations are frequently utilized to give one party the status of divorce so that he or she can remarry.
