Frequently Asked Questions (FAQ)
1. Do I need a family lawyer?
2. My spouse has filed for divorce, is there anything I can do to stop him/her?
3. I was just served with a Summons and a Petition, what should I do now?
4. My spouse and I have come to an agreement on all issues, do I still need a family lawyer?
5. I want an annulment, not a divorce. Can I do that?
6. What is the difference between legal custody and physical custody?
7. Do I have property subject to division in my divorce?
8. I believe the other party is hiding income. Is there anything that can be done to show the Court they earn more than they are reporting?
9. Do I have to pay spousal support for the rest of my life?
10. How much will it cost to have an attorney represent me?
Do I need a family lawyer?
Ask yourself the following—if you needed surgery, what would be the better option: performing the operation yourself or hiring a trained surgeon? The answer is obvious. But for whatever reason, the answer is not as obvious to individuals who are involved in a family law matter.
Consider this: your family law case may touch on every aspect of your life—your income, your property, your children and, if a restraining order is involved, your freedom. Therefore, our firm believes that handling your family law case without a lawyer can be as risky as performing surgery on your self.
It is important to know that if you don’t request the Court for certain relief, you will not receive it, even if you are entitled to it. Therefore, without representation, you could very well miss out on an opportunity to receive something that you would otherwise be entitled to, because you didn’t know any better. This is why having the expertise of a family lawyer is valuable to you. Having a family lawyer in your corner assures that you will not unknowingly sacrifice any of your rights under California family law.
A family law attorney will ensure you have the information you need to make knowledgeable decisions as you pursue your family law case. Furthermore, a family law attorney knows what the Court wants to hear and what is irrelevant to your case.
My spouse has filed for divorce, is there anything I can do to stop him/her?
No. California is a no-fault divorce state and a divorce will be granted if one party claims there are “irreconcilable differences.” The Court will not inquire into what those differences are or try to determine whether they are sufficient to grant a divorce. As long as one spouse believes they exist, that is enough. Therefore, if your spouse filed for a divorce, there is nothing you can do to stop it.
I was just served with a Summons and Petition, what should I do now?
You should quickly contact and consult with Happ Law Group P.C. California law states that you have thirty (30) days from the date you were served to respond to the Petition. Failure to respond within thirty (30) days could mean that you effectively “forfeit” your right to contest any issues raised in the Petition. This can have a devastating impact on your case.
My spouse and I have come to an agreement on all issues, do I still need a family lawyer?
Yes. Hiring a lawyer, even when you are in agreement on all terms, will ensure that all matters which should be covered in a divorce are properly addressed. If you have agreed on all issues, then your agreement must be put in writing. To ensure that your written agreement correctly reflects the verbal agreement that you and your spouse have come to, it would be in your best interest to have a family lawyer draft the agreement. If you draft the agreement without the assistance of a lawyer, you may not recognize or realize potential or unintended pitfalls, which a lawyer may help you avoid. Therefore, hiring a family lawyer can prevent you from making a costly error, both to yourself and to your children.
I want an annulment, not a divorce. Can I do that?
It depends. An annulment is not an alternative to divorce. Rather, annulment is only available when the validity of your marriage is in question. For example, your marriage would be considered invalid if it is incestuous, bigamous, induced by fraud or force, or either you or your spouse was under the age of consent. If this is not true of you, divorce is more than likely the only option for you.
What is the difference between legal custody and physical custody?
“Legal” custody pertains to the right to make decisions regarding the health, education and welfare of your child(ren).
“Physical” custody refers to the parent with whom the child resides. Sometimes parents will have “Joint Physical Custody” and the child will spend a significant amount of time with both parents.
Do I have property subject to division in my divorce?
California is a community property state. With some exceptions, all property acquired between the date of the marriage and the date of separation is community property, and thus subject to division. Additionally, debts (e.g. loans, credit card charges, etc.) incurred between the date of the marriage and date of separation are classified as community debts and thus subject to division.
I believe the other party is hiding income. Is there anything that can be done to show the Court they earn more than they are reporting?
Yes. This is often the case with a party who is self-employed. Happ Law Group P.C. can assist you in performing “discovery” of the other party’s financial records to help you determine their actual income.
Do I have to pay spousal support for the rest of my life?
Not necessarily. First, your spousal support obligation will automatically terminate if your former spouse remarries or dies. Otherwise, a modification or termination of your spousal support obligation will require a change in circumstances, a determination which requires analysis of several statutory factors (e.g. the duration of your marriage, your current ability to pay spousal support, the extent of your former’s spouses separate estate, etc.).
How much will it cost to have an attorney represent me?
It depends. The cost of your divorce can depend on many factors, such as:
- Whether your divorce is adversarial or collaborative. The more you and your spouse are able to agree on the less you will spend on attorneys, legal fees and court costs.
- If you and your spouse battle over custody of the children.
- How many marital assets and debts there are to deal with.
- The legal strategy of your spouse’s attorney. If your spouse hires an attorney who believes the only way to win in divorce is to become aggressive or adversarial, you are going to end up paying for their attitude.
We understand that you do not want to spend all of your financial resources pursuing your family law matter. With that in mind, Happ Law Group P.C. offers “Income-Sensitive” Hourly Rates and Retainers.
