Q. Tell us about yourself and your practice.
A. I am an intelligent, down to earth person and I practice law in that manner. My practice is a general civil practice, including dissolution of marriage (divorce), parentage, child custody, domestic partnerships, adoption law and other family formation (and dissolution) issues as well as real estate, small business advice, dependency, juvenile court practice, contracts, areas of consumer law etc. My website is jedsomit.com and contains further information about my practice. My approach to family law is to be supportive of my client and his/her needs, but to concentrate my attention on understanding the case, ascertaining what is worth (financially or otherwise), fighting about evaluating the law as applied to my client's facts and reaching resolution as promptly and cost effectively as possible. I understand that legal costs are significant. I can work with mediation and other non adversarial ways of settling matters, but I believe that a party even in mediation should understand the legal concepts and rights which apply, so that settlements are reached on an informed basis and not as a result of misinformation, coercion etc.
Q. Do you offer a free initial consultation?
A. Very often I will answer specific questions from new referrals on the telephone, without charge as client development. I will offer a 1/2 hour (total time) discount to clients referred by Bizymoms.
Q. Do you accept any of the pre-paid “ legal plans” that are offered to help with legal fees?
A. I accept referrals from Consolidated Legal Concepts, a major employee benefit plan and from Alameda County Bar Association Lawyer Referral Service.
Q. Do you always pay the expenses up front?
A. No. It depends upon the case, the client, the economic situation, the expense etc. For example, a custody evaluation in a " move away" situation for child custody may cost $7,500. I am unlikely to pay this in advance on behalf of someone for whom no established professional relationship exists.
Q. How does one file a divorce?
A. A Petition for Dissolution of Marriage (or Domestic Partnership) is filed with the Superior Court in the county of residence of the petitioner (or occasionally the respondent). A filing fee must be paid (or waived by the court for very low income parties). If there are children of the relationship a UCCJEA Declaration must also be filed. Normally the petitioner (person filing the action) also provides a Summons for the clerk to issue. All of these forms can be found at www.courtinfo.ca.gov Forms Family Law. The same website provides a lot of advice for family law in pro per (no attorney) parties. The Superior Courts Family Law Facilitator (call the court clerk for the Family Law Department) can also provide further information on your case for free.
Q. If in case where one party cannot pay the required spousal support what are the options available?
A. Spousal support is usually set at a proportion of the difference in income between the parties, so from the judge's view it " can" be paid. If it is not paid the supported party can seek a contempt order or use remedies available to any creditor to enforce a judgment. Interest accrues on unpaid amounts at 10% yearly. A wage assignment directing the employer to pay the support directly to the supported party (or the state Support Department) will issue automatically. Often a supported party does best by turning support issues over to the Child/Family Support Division, unless the support obligor (the person who must pay) has a significant income or assets, since the Support Division will not charge for its services and has access to information such as Social Security withholding, which a private lawyer does not have. For the party paying support there is often little which can be done legally, if the support order interferes with the party's life. A dissolution of marriage can disrupt the financial lives of both parties for many years. Since support can be tax deductible from one spouse and taxable to the other, a good attorney can try to maximize the tax advantages in negotiating support.
Q. What is a marital settlement agreement in a divorce?
A. This is a document sometimes the same as the Judgment, sometimes a different agreement incorporated into a Judgment ,which states the property division confirmation of separate property, child custody and support, and spousal support and other agreements reached, when a case is resolved by settlement rather than trial. In California an agreement cannot be reached until the parties have served on each other a mandatory Declaration of Disclosure which contains forms showing current income and expenses and detailing all of the assets and obligations of which the party is aware. The California Superior Court website does not contain a form for a Marital Settlement Agreement, but does contain forms which can be attached to the Judgment form to cover many of the areas. Since a dissolution of marriage (or domestic partnership) action is a public record sometimes a Marital Settlement Agreement is used to document in detail the settlement preserving privacy while only certain portions are put into the Judgment (which can be inspected by the public).
Q. Can a spouse successfully prevent a court from granting a divorce?
A. Rarely. California is a " no cause" state and thus upon request of a spouse, who utters or signs a document with the magic words " irreconcilable differences have led to the irremediable breakdown of the marriage" or answers " No" in court to the question " Can this marriage be saved?" will be granted the change in status (end of the marriage or domestic partnership relationship) even if the other party disagrees. If a party can prove the marriage is void or voidable, then an annulment can be granted rather than a " dissolution" (California's term for divorce).
Q. How long does it take to process a divorce?
A. It takes a minimum of six months to be returned to the status of single. If the parties agree, it is possible that all the necessary papers can be filed on day one with only the change in status to take place later. However, the normal period is from six months to two years to get everything settled and through court. Some issues may continue to have to be reviewed and return to court like support (especially child support) and child custody and visitation.
|
