Q. Tell us about yourself and your practice.
A. I have been in practice for almost 13 years. I am a certified family law specialist. I have been married for over 23 years and I have 5 children. I am passionate about families and children. For more information re my professional qualifications and affiliations please see my website -- kcummingslaw.com.
Q. Do you offer a free initial consultation?
A. I do not offer a free consultation. I charge my regular hourly rate for consultations because I provide quality services even in the consultation.
Q. Does your office offer paralegal services to help with simple document filings?
A. I do have a paralegal who completes some documents for filing with the court. However, all work is supervised by me..
Q. What is an uncontested divorce?
A. An uncontested divorce is one in which the parties have reached a complete written agreement, which is being filed and processed with the court as a judgment, without a court appearance by either party.
Q. How long does it take for a divorce to become final?
A. This is a " loaded" question. In the state of California marital status cannot be terminated less than 6 months and 1 day, from the date the responding party was served with process. However, a stipulated/agreed upon "judgment of dissolution" can be 'final" (eg. signed by the judge and entered by the clerk) any time after service of process on the responding party. Many judgments are not final for several years. There are many variables that affect the answer to this question, so this answer is not complete and would become too technical to go much beyond what I have stated here.
Q. Will I have to go to court at any time during my divorce?
A. You may or may not have to go to court. You will have to go to court, if you and your spouse cannot reach agreements on your own. If you reach a complete written agreement and file all appropriate/necessary documents neither party has to appear in court. When there is disagreement either party may file a motion requesting relief from the court and ultimately, if there is disagreement the case will go to trial.
Q. Who receives custody of the children in a divorce?
A. Either parent may receive custody or custody may be shared. The court uses the " best interest of the child" as the standard.
Q. How is child support determined?
A. In the absence of an agreement child support is determined according to an algebraic formula, that is uniform throughout the state. Attorneys and the courts use various software programs to determine child support according to gross income of each party, percentage of parenting time for each parent and certain statutory deductions. So long as certain statutory language is included in the agreement, parties can agree to an amount of child support that is different than the " guideline" .
Q. Who will have to pay alimony in a divorce?
A. Either party may have to pay alimony (called " spousal support" in CA) to the other if there is a significant disparity in gross income. Spousal support is determined based upon income after the payment of child support is deducted from the high-earner' s income.
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