Q. Tell us about yourself and your practice.
A. I grew up in Sacramento. After living in the Bay area for many years, I returned to Sacramento to help care for my elderly parents. While living in the Bay area, I had the great privilege to serve on the Legal Assistance for Seniors Board of Directors, a non profit organization that provides free legal assistance to the elderly and training to financial organizations on elder abuse issues.
I practice Family Law in the Sacramento area which includes divorce, spousal support, child support, guardianship, conservatorship, marital settlement agreements, premarital agreements (prenuptials), annulment, legal separation and child custody. My office is located in the Pocket area. For convenience, I offer Saturday and evening appointment times. My website address is www.ybrittainlegal.net
Q. Do you offer a free initial consultation?
A. No, a consultation costs $200.
Q. How long do you take to process a divorce?
A. In California a divorce isn’ t final until 6 months have elapsed from the time the spouse is served with the petition. Depending upon the couple’ s situation the process can take longer.
Q.I have engaged your services what happens next?
A. For an annulment divorce or legal separation your personal safety is the most important consideration. I will need to know, if your spouse poses a danger to you or your children and if necessary arrange for protective orders.
Next, you will need to provide some information such as bank statements and tax returns for me to complete certain required court documents. I will also need to know, if you will need temporary spousal and child support while your case is pending. Several documents will be prepared and served on your spouse. Your spouse will have 30 days to file a response. If your spouse does not file a response within 30 days then your divorce can proceed by default and can be finalized 6 months after the day your spouse was served with the petition and other documents. If your spouse does file a response, then any contested issues will need to be resolved either in or out of court.
Contested issues can include child custody and visitation, child support, spousal support, debt responsibility and property division. Most contested issues are resolved by mediation. When an issue cannot be resolved by negotiation or mediation, then the issue is decided by a Family Court judge.
Q. What is a marital settlement agreement in a divorce?
A. It is a written agreement signed by both parties and if applicable, their attorneys that resolves issues such as property division, debt responsibilities, support and child visitation and custody. The document can be prepared at any time during the divorce process and is submitted to the court for approval.
Q. What happens if the both parties reconcile and want to cancel the divorce?
A. The action can be dismissed, provided the party that filed for divorce files the appropriate form, with the court before judgment becomes final. Depending upon the situation, the party will file a Request For Dismissal or a Notice of Revocation of Petition for Summary Dissolution form.
Q. Does a person have to live in a state to get a divorce there?
A. In California, you or your spouse must have lived in California for 6 months and your county for 3 months prior to filing for divorce. However, you can file for an annulment or a legal separation without you or your spouse having lived in California for 6 months or your county for 3 months.
Q. How long do you have to be married before you can file for a divorce?
A. You do not have to stay married for any specific length of time before filing for divorce. However, for short term marriages a shorter proceeding might be available. If you have been married for less than 5 years and do not have children from the relationship, you may qualify for summary dissolution, which involves less paperwork. You may also qualify for an annulment under certain circumstances, such as where fraud or force was used to get you to consent to the marriage or you or your spouse were lawfully married to someone else or you or your spouse were a minor and married without parental consent.
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