The length of any divorce case depends on many factors. When the parties are both reasonable, settlement minded, and amicable, a divorce case can go relatively quickly. The fastest a person can be recognized as single in California is 6 months, however, nothing prevents parties from entering into a settlement prior to that time. A case can be finalized, all paperwork filed and even a final judgment (aka divorce decree) can be completed within a few months. The entire estate can be divided, all issues of custody and support resolved and finalized, and at the 6 month mark the parties are recognized as single.
On the flip side, if the both parties are not settlement minded and amicable, a divorce case can last many months or even a multiple years. It is always our goal at Clemens | Warren, L.L.P. to resolve matters as expeditiously and efficiently as possible. Unfortunately an amicable divorce requires both parties to cooperate and that is not always the case. In those situations Clemens | Warren, L.L.P. is experienced and prepared to handle all litigation matters that might become necessary.
Similar to how long does a divorce take, the cost is highly dependent on the parties and their willingness to be reasonable and cooperate. Simply put, the more items that are in dispute will lead to additional litigation and ultimately result in more time expended by the attorney and thus higher costs incurred. Our team is adept in making all efforts to keep all costs reasonable. Our promise to all clients is to only pursue a course of action in which our client understands the estimated costs, approves the estimated costs, and knows the money being expended is in their best interest – not ours!
When calculating child support in California the Court will apply what is called the statewide guideline formula. This formula produces the support amount that is recognized as the presumptively correct amount of child support. The formula is an algebraic equation and for the few folks interested in studying that equation, it can be read at Family Code Section 4055. While there are a number of variables that can alter the calculation, the primary factors are (1) the income of both parents, and (2) the timeshare of the non-custodial parent with the child(ren).
When in Court the Judge does not do a long form math equation to determine the child support amount, rather they rely on a computer program. The specific program varies by County, in San Diego the Court uses a program called DissoMaster. There is a cost to purchase this program. But if you would like to run your own child support calculations you can use the free calculator on the California.gov website. This calculator is utilized in all cases involving the Department Child Support Services and will result in a child support amount very close to DissoMaster. The online calculator can be found at: https://gc.cse.ca.gov/ChildSupport/cse/guidelineCalculator.
Although the statewide guideline formula is the presumptively correct amount there are limited circumstances where the Court will deviate from the guideline formula amount. Some of the scenarios when the Court might order a child support amount different from the formula is when the parties agree to a different amount; the party paying support has an extraordinarily high income that would result in a support amount exceeding the child’s needs; and application of the formula would be unjust or inappropriate due to the special circumstances of the particular case. For a complete list of scenarios where the Court can deviate from guideline child support, please refer to Family Code Section 4057. Clemens | Warren, L.L.P. has the unique and rare experience in having mediated and litigated many cases involving a deviation of child support including representing extraordinarily high income earners.
When discussing spousal support (aka alimony) it is simplest to view it in two different contexts. The first scenario is spousal support awards that come before a final judgment is entered. This is referred to as temporary spousal support. The Judge has a good amount of discretion in calculating temporary spousal support. During the pendency of the case the law puts great importance on attempting to maintain the status quo in most respects, including spousal support. For that reason Judge’s often do not look far beyond a a lower income earner’s need for assistance and the higher income earner’s ability to provide it. In fact, it is not uncommon for the Judge to simply rely on the same program used to calculate child support and keep the analysis to a minimum.
The second scenario involves spousal support awarded by way of a Judgment, also known as permanent spousal support. When establishing a permanent spousal support award, or when modifying the same, the Court is required to consider a variety of factors that are provided for in Family Code Section 4320. Some of the factors therein include analyzing the marital standard of living, whether one party tended to domestic duties and sacrificed their own career, whether one party assisted in the career of the other, the health of the parties, need for support, ability to pay support, any history of domestic violence or criminal convictions, and so on. If interested in all the factors, visit: https://leginfo.legislature.ca.gov/ and search or browse to Family Code
Section 4320.
Analyzing the Family Code 4320 factors, and other relevant authority, can be one of the more complicated issues in a dissolution case. Spousal support has serious implications for both parties to the case and it is important to have the assistance of experienced and competent counsel when addressing this issue. Contact Clemens | Warren, L.L.P. to speak with one of our experts about your spousal support matter.
Yes, but it depends on the facts of the case if the request will be granted. There are a variety of code sections that could apply to a request for a contribution to attorney’s fees and costs. The most common requests are needs based. Public policy favors a “level playing field”, thus providing each side equal access to legal representation. The Judge will make an order that one party contribute to the others attorney’s fees and costs if the Judge finds that there is a disparity in access to funds and the person with greater resources has an ability to contribute to the fees. The question then becomes how much will the Judge order be contributed to the other persons fees. The Judge can order whatever amount it finds to be reasonable based off the case and amount of work performed and still needed to be performed.
Picking an attorney can be a daunting task. There are no shortage of attorney’s available but picking the attorney that is right for you can be difficult and critical to your case.
You should find an attorney that you have good communication with. If you can’t speak with your attorney, or have difficulty conversing, how are you supposed to make sure your interests are represented adequately?
Making sure there are no personality conflicts is also important. Attorneys, by nature, can be brash and strongly opinionated. Litigation is already an adversarial relationship with the opposing side, there is no reason to have additional arguments with your own attorney.
It is wise to select an attorney that has a good reputation and you believe to be ethical. Don’t be afraid to ask questions during a consultation that will help you in deciding if the attorney is going to be a good fit. It is better to find out earlier rather than later.
At the end of the day, the attorney representing you is someone you must be comfortable in confident with. That person will be handling one of your most intimate matters and involved with addressing your financial issues. Hiring the wrong attorney can make a case much worse than it needs to be. An attorney who claims to be aggressive is not necessarily best. An experienced lawyer knows that there are appropriate times to be aggressive and times to try to seek settlement. Every divorce case is unique and there is no singular approach that can be applied across the board.
We recommend you take the time to speak with a few attorneys before making the decision on who will represent you.
