Frequently Asked Legal Questions
As a family law attorney in Orange County California, Mary Beth has been asked many questions about legal representation and what will happen during the process. Below are some of the most frequently asked questions and answers. If you have a question that is not answered below, please feel free to contact us and we will do our best to answer any questions you may have. Also, if you would like to submit a question, you can do so on our sidebar.
Q: How long do I have to live in California to file for a divorce?
A: You must live in California for 6 months, and you must live in the county in which you want to file for 3 months.
Q: How long does it take to get a divorce in California?
A: If both parties complete all of the paperwork timely, you can get a divorce in 6 months and 1 day from the date the Respondent is served with the Petition for Dissolution. Generally, this applies to uncontested or default matters. If you have a contested matter, the matter may take up to one year or longer.
Q: What is a contested matter?
A: A contested matter is when you and your spouse or partner do not agree to a settlement and require a judge to determine the outcome of your case.
Q: I have just been served with divorce papers. What do I do?
A: First, you should consult with an attorney to determine your rights. You will need to file a Response within 30 days of being served, or you will risk your spouse or partner filing a default against you.
Q: What is a default?
A: If a litigant fails to respond to a lawsuit, the moving party may request a default and proceed with the case without the other party.
Q: Will I have to go to court?
A: You will not have to go to court if your case can settle. If your case cannot settle, you could be required to go to court. The other option is to select a private judge to hear your matter.
Q: How should I dress for court?
A: You should wear conservative business attire to court.
Q: Can I bring my kids to court?
A: NO. Never bring your children to court unless you have been instructed to do so by your attorney, the judge, or the mediator. If you don’t have a babysitter, the court provides free daycare on the 2nd floor of the Lamoreaux Justice Center; however, if your case is assigned to the Central Courthouse, there is no free daycare at that location.
Q: What is considered community property?
A: Community property is any asset or debt that was acquired from the date of marriage to the date of separation, with the exception of gifts and inheritance.
Q: I used my premarital savings to buy our house during the marriage and we put our name in joint title. Can I get my money back?
A: Yes, if you can trace the funds for any asset back to your separate property, you may be entitled to reimbursement for your separate property contribution. It is very important to save your documentation if you use your separate property funds during the marriage.
Q: What is considered separate property?
A: Generally, separate property includes assets or debts that you acquired prior to marriage or after the date of separation.
Q: What is joint custody?
A: Joint custody has two parts: joint legal custody and joint physical custody. A joint custody order can have one or both parts.
Joint legal custody refers to both parents sharing the major decisions affecting the child such as school, health care, and religious training. Other considerations under these types of custody agreements may include: extracurricular activities, summer camp, age for dating or getting a job, and methods of discipline.
Joint physical custody refers to the time the child spends with each parent.
Q: I am getting divorced. Do I need an attorney?
A: It is usually a good idea to consult with an attorney about major life events or changes such as a divorce. An attorney will protect your rights, as well as the rights of your children.
Q: Does it matter if I am Petitioner or Respondent in a divorce case?
A: Generally, no. However, sometimes there is an advantage in being the Petitioner if you go to trial because you will have the opportunity to be the first one to tell your story to the judge.