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Frequently Asked Questions
You probably have many questions about divorce and how to get started with a divorce attorney. We have provided some frequently asked questions and their answers below.
- What is it? Divorce or dissolution?
- Who should file first?
- How long will the divorce take?
- Do I need grounds for divorce?
- Do I really need a lawyer?
- How is child support determined & carried out?
- How are child support payments enforced?
- Is spousal support always awarded?
- Can my spouse claim my pension?
- What are your fees?
- What should I bring on my first visit?
- More information
What is it? Divorce or dissolution?
TOP ^In California, dissolution (rather than divorce) is the technical term for ending a marriage. Dissolution is any formal, legal ending of a marriage other than by annulment.
Whether you call it divorce or dissolution, the process can be traumatic, especially if you do not know how to start. For the best results with the least trauma and disruption, you should work with an experienced law firm that specializes in dissolutions and the complicated issues that accompany them.
Who should file first?
TOP ^It does not matter who files first. The person who files first is called the “Petitioner.” The other person is the “Respondent.” Neither person has any advantage over the other just by virtue of filing first.
How long will the divorce take?
TOP ^By law in California, a divorce takes effect six months from the date the other person is served the divorce papers. However, some divorces go on for years if unresolved issues remain. For your peace of mind, you should hire competent attorneys who can help prevent the divorce proceedings from dragging on.
Do I need grounds for divorce?
TOP ^No. In “no fault” California, no one has to blame anyone else for the breakup of a marriage. Simply stating “irreconcilable differences” is adequate grounds for dissolution.
Do I really need a lawyer?
TOP ^For all but the simplest cases, you really do need a lawyer. This is especially true if you and your spouse:
- have children
- have been married 10 years or more
- have real estate or property
- are self-employed
- have a pension plan
- require spousal support
Should you wish to proceed without a lawyer, you can contact the Family Law Facilitator in Orange County at (714) 935-8304 or visit the Family Law Facilitator Web site at www.oc.ca.gov/superior/flfacil.htm.
How is child support determined & carried out?
TOP ^California has mandatory guidelines for child support. The formula for calculating support payments is complicated and is not easily unraveled without an attorney. The formula considers such factors as the percentage of custodial time with each parent, parental income, taxes, deductions, and more.
How are child support payments enforced?
TOP ^The Department of Child Support Services can enforce the child support process. The parent who is responsible for making child support payments may have his or her wages garnished. This means the parent’s employer deducts payments from the paycheck and makes the payments directly.
Is spousal support always awarded?
TOP ^The short answer is “no.” The courts typically expect each spouse to become self-supporting. Support payments, like child payments, are based on a complex formula that considers such issues as length of the marriage, ability of one spouse to pay, and financial requirements of the other spouse. As with most things monetary, spousal payments can have significant tax implications for both parties.
Can my spouse claim my pension?
TOP ^Yes. California is a community property state, and pensions are community property. Any pension funds amassed before the marriage belong solely to the earning spouse. Dividing pension funds earned during the marriage can be complicated. Division should not be undertaken without the help of an experienced attorney.
What are your fees?
TOP ^Generally our fees are based on a combination of the time and responsibility required by your attorney. Our firm requires that our attorneys discuss our fee arrangements with you at your first conference with us.
At that conference, our attorneys will explain how fees are determined and will give you an estimate of the range of costs. In some cases, we can provide a fairly close estimate of fees. In others, outside resources and additional legal, financial, or psychological services may be required and will be billed as well.
When we begin representing you as a client, we will provide you with a Retainer Agreement. This Retainer Agreement requires you to pay a portion of the estimated fees up front.
What should I bring on my first visit?
TOP ^You should bring the following materials to your first appointment with Michel & Rhyne. These documents will provide us with a clear picture of the financial structure of the marriage:
- Paycheck stubs. Your paycheck stubs for the last three months. Your spouse’s paycheck stubs, if you can obtain them, for the last three months.
- Tax returns. The last two years of your tax returns, both state and federal.
- Real estate. A list of real estate you (and your spouse) own, by street address.
- Deeds. Copies of any deeds to real property owned, if available.
- Personal property. An inventory of personal property you (and your spouse) own. This may be in the form of an inventory for insurance purposes. The list must be as complete as possible.
- Account information. A complete list and information on bank accounts, savings accounts, brokerage accounts, and stock accounts held by you and/or your spouse. Be sure to include branch information and addresses, account numbers, key contact names, etc.
- Credit cards. A complete list of all credit cards and account numbers. Include approximate current balances and monthly payments along with copies of statements for outstanding balances.
- Wills. Copies of any current Will(s).
- Other assets or credit. A list of any other assets or credit obligations.
At the same time or later, you also must provide to Michel & Rhyne:
- Life insurance policies. Life insurance policies with any statements of loans against the policies.
- Pensions, retirement plans, & investments. Copies of any pension, retirement, or investment programs you and your spouse may be involved in through employment or other means.
- Loan applications. Copies of loan applications filed in the past two years.
- Net worth information. Any other information that will help to establish your net worth, your spouse’s net worth, your joint net worth, and your or your spouse’s income.
- Written agreements. Any written agreements with your spouse.
- Appraisals. Copies of any appraisals of property.
- Promissory notes. Copies of all promissory notes.
- Court documents. Any pertinent court documents.
Additionally, we will provide you with a financial worksheet, which you must fill out carefully to show a twelve-month average of your expenses. The worksheet is particularly significant because it will be the basis of future support orders.
More information
TOP ^Here are some more divorce-related resources that are available to you online: