San Francisco Child and Family Law - Frequently Asked Questions

Jessica Watson

Attorney at Law

FAQs

Top 5 Questions in Family Law

1. How long will my divorce take?

Family law cases are incredibly unpredictable and vary according to the complexity of the issues and the conduct of the parties and their attorneys. At a minimum, California courts will wait six months from the date of filing of the Petition to terminate marital status.

2. How much will my divorce cost?

Most private attorneys charge according to an hourly rate. Hourly rates vary according to the complexity of the issues, the type of representation sought, and most importantly the competence and experience level of the attorney providing services. Non-discounted hourly rates in the Bay Area generally range from $150 - $500 per hour. Most attorneys will talk or meet with you once then they will prepare a retainer or engagement letter. Should you decide to proceed with an individual, you must sign the agreement and pay a retainer. The amount required for a retainer varies depending upon the attorney�s hourly rate and the complexity of the issues, and the type of representation sought. Retainers in the Bay Area generally range from $2,000 - $10,000. The attorney or firm will then bill from the retainer which is replenished when it reaches a predetermined minimum or is depleted. When your matter is completed, any remaining balance is promptly refunded.

3. My spouse/partner has done some pretty awful things during our marriage. Why doesn�t anyone want to hear about these things?

Nearly all marital or domestic partnership dissolutions are fraught with enormous amounts of pain, frustration, and anguish. The termination and loss experienced by both parties is often overpowering. Attorneys, judges, and other professionals understand that there are two sides to every story and that the relationship has reached an impasse. However, since 19__ California has been a no-fault state. Under the law, it generally does not matter why the relationship is ending. What is important to the court is that both parties are treated fairly and have equal access to relief, and that the law is carried out expeditiously. Instead, a mental health professional, friend, or clergy member may provide the critical emotional support that you need to deal with your spouse or partner�s actions and the end of your relationship.

4. What about issues of domestic violence?

This is an exception to my statement above. There are no excuses for domestic violence. Should you find yourself or your family members subject to physical, sexual, or emotional abuse please inform someone immediately. Assistance is readily available from the court, your attorney, Family Court Services, a health care provider, local shelters, and/or a mental health professional. The law provides built in protections for domestic violence victims.

5. Am I entitled to spousal support/Must I pay spousal support? How much?

The laws determining one�s right to spousal support are complex. For example, California law provides protection for those who have maintained the household and/or provided care for children. However, California law also requires supported individuals to work toward self-sufficiency when possible. Whether you are the primary earner or the family�s primary caretaker, you must understand that there are two types of spousal support and that they have different purposes. Temporary, or pendente lite, support is intended to allow the parties to maintain the status quo and marital standard of living for a limited period of time. Permanent spousal support is based on a number of statutory factors and is significantly more comprehensive. The specific factors are outlined in Family Code Section 4320. The amount of support is often determined through the use of computer programs called Dissomaster� and SupporTax.� These programs result in an amount called guideline support, which often serves as a starting point for courts when determining support. Often, statistical information is necessary to calculate these figures. This information may consist of your spouse�s monthly income, your monthly income, any statutory deductions taken from your income, and your tax filing status.