After 25 years in Family Law I have made a list of the questions most frequently asked by people who are consulting an attorney about their family problems. These might not be exactly the questions you might ask -- and the answers to YOUR particular questions could vary depending upon additional facts present in your case. These are general questions and broad answers. You should consult an attorney before acting on this information.

I have also compiled a list of the common mistakes most frequently made by people going through family law litigation.

Family Law deals with most of the family-related problems that must find their solution in court. In particular this includes:

• Divorce (Dissolution of Marriage)
• Division of Marital and Separate Property
• Custody and Visitation of Children
• Child Support
• Spousal Support (Alimony)
• Paternity Cases
• Grandparent Visitation
• Prenuptial and Postnuptial Agreements
• Domestic Violence

The term "Family Law" does NOT usually include certain types of cases which are derivative of family problems -- such as Juvenile Court cases, Probate Court cases and various types of Criminal prosecutions originating in domestic violence and unpaid support obligations.

The Attorney is going to ask about the issues which must be decided when people separate and divorce. Those issues include division of your property and debts. They might also include support of your children or spousal support. You should bring a list of your assets and debts. You should also bring copies (or the originals) of your credit card statements and other bills. You should bring your last three income tax returns. You should bring your (and your spouse's) last three paycheck stubs. This information is dealt with more completely in the Family Law Interview Form.

Attorneys charge for their services by the hour. This question really asks how much time and effort the attorney will take to resolve all the issues in the case. If the parties settle their case quickly and fairly then the cost will be less. If the parties, as is frequently the case, are unable to agree about anything, then the cost will be greater. Also, certain particular issues in a case can cause it to be more expensive. Generally cases involving disputed custody of children and cases involving valuation of community businesses seem to be the most expensive.
In general, however, a case where the parties quickly agree on a resolution can cost between $1,200 and $1,800. Cases with many property issues or disputed custody and visitation issues can get upwards of $5,000. This information is dealt with more completely in the Attorney Fees section.

The best way to choose an attorney is to ASK AROUND. Ask people to recommend a family law attorney who might have done a good job for them or one of their friends or family members. Also ask what attorneys the person would recommend you NOT go to.

In a word -- NO. It would not be fair (or ethical) to have "your" attorney take a position against you in negotiating with your spouse. However, very frequently there is only ONE attorney involved in settling the case. I frequently perform that function, but I am very careful to inform everyone that I "represent" one side or the other. When a settlement is reached under these circumstances then I require that the final settlement documents are examined by an independent attorney. That attorney reviews the Marital Settlement Agreement and informs the other party if it is fair and a reasonable settlement.

Child support and spousal support are paid on a monthly basis. The amount of that support is determined by a varitey of factors which include:

• Your Income And Your Spouse's Income
• The Number of Children
• The Percentage of Time the Noncustodial Parent Spends With The Children
• Other Special Factors:
  • Children from other relationships in the home
  • Special needs (medical, emotional, physical) of the children
  • Other bills being paid on behalf of the children

This information is dealt with in much more detail in All About Child Support.

Very frequently a client will leave out some piece of information that can save the attorney lots of time (and save the client lots of money). For example, a client's failure to tell his divorce attorney that he and his spouse have listed the family home for sale -- could cause the attorney to spend time researching or preparing documents which would not be necessary.

Many clients tend to use their attorney as a psychiatrist. The attorney can be very sympathetic but it might not be necessary for him to spend a lot of time listening to every word of the long argument between the spouses. Certain things can be used in court and should be told to the attorney -- such as threats of violence or mistreatment of the children or taking of community property.

There are two issues here. First, the marital status will not end automatically after six months. Papers need to be presented to the court for the marriage to be dissolved. Second, the six months starts from the date the file-stamped Summons and Petition are SERVED on the Respondent.

This is something that is most often done by people representing themselves. The court rules are very specific about when responsive pleadings must be filed. See the discussion of that in the Local Court Rules . The court rules talk about certain number of days. Often people do not realize that they are making reference to "working" days and not "calendar" days.

It is very important that you stay informed about your case. You should thoroughly read all the correspondence sent to you by your attorney and all the pleadings which have been prepared by both sides. If you do not do this you may withhold information that could win your case. You should not give the impression that you don't care about your own case.

Many clients wind up spending ten dollars in attorney fees fighting about five dollars worth of property. Most attorneys are aware of this mistake and will offer ways to avoid unnecessary litigation. The client should always have the bottom line in mind when planning the case.

Verbal agreements cannot modify a court order. It takes a court order to change an order. Even written agreements do not replace court orders unless they are put in the proper form, signed by the parties and submitted to the court as a "Stipulation and Order". Often the payor of support is short of money and gets the other side to agree that payment is not necessary one month. Such a deal almost always comes back to haunt him.

Return To Home Page

Family Law Interview Form

The Child Support Discussion

Please Read THE CHILDREN'S BILL of RIGHTS

Go to Attorney Fees Discussion

Go to The Divorce Process

Read Child Custody Discussion

Read The Local Court Rules