FL-100, The Divorce Petition
The FL-100 is the first form you will need in order to start your divorce. It applies equally to those who are married and those who are domestic partners.
The FL-100 is the first form you will need in order to start your divorce. It applies equally to those who are married and those who are domestic partners.
Legal separation is an alternative to divorce for people who can't continue to live together, but do not want to end their marriage. A couple is legally separated after petitioning the court to recognize their separation. Simply living apart does not constitute a legal separation, you have to file papers with the court.
3. What is your hourly rate? How frequently do you send your invoices? Weekly, biweekly, monthly? And what is the amount of the retainer due? Do you keep the retainer and charge invoices and then return the retainer after the case is finished? Or do you use the retainer amount to replenish the invoices? Do you need to replenish the retainer if the invoices are going low and how low do invoices need to go in order to replenish the retainer?
This document describes important information regarding separate property as well as terminology on basic rights in California regarding family law. This document does not constitute legal advice. This is how I perceive family law and how I practice family law in San Francisco as a certified family law specialist.
There are several different ways to get a divorce judgment. The first two ways are called default and a true default judgment. Default divorce is another way of uncontested divorce.
Setting up expectations in advance. I noticed many of my clients haven't talked to each other about if they are going to have kids, who is going to stay home, who is going to be the one taking care of the children, chores, or cooking and other important responsibilities like that. So, when individuals like this get married and they haven't talked about it, a big issue may arise because they've completely misunderstood their roles. In modern times especially, sometimes couple’s discover their relationship is not as conventional as they thought it was before getting married.
1. NON-RESPONSIVE You should expect your lawyer to respond within 24 to 48 business hours to your inquiries. If you don't get a response, this is a red flag. Some clients have complained to me about not getting a response from their lawyer despite leaving a voicemail, email, or text/call for up to a week or longer.
The answer to that is, after the "cooling off period." California has a so-called “cooling off period”. This means that once a moving party has filed for divorce and the other side was personally served, the six month and one day waiting period begins. Not from the date of filing, but from the date of service, the time starts to kick in, BUT after six months and one day clients will still not become automatically divorced, as most clients usually expect. There are two scenarios where the divorce could be semi easy.
Six Months Residence… One spouse, petitioner or respondent, has to be a resident of the state of California for at least six consecutive months before filing for divorce. The spouse must also have lived for three consecutive months in the applicable county. For example, If someone is traveling for a year and works in a different country or state, that interrupts the six months period.
As summer comes slowly to an end, prenuptial agreements are still a hot item. Clients would like to get married and would like to create a valid prenuptial agreement. Here is how to create a valid agreement that will be upheld in court.
The foundation for this article is based on the belief that life should be joyful and to encourage couple’s personal happiness while being a role model for their children. Way too many clients tell me that their marriage has been over for many years before coming to my office. When these clients come to my office, they are usually impatient and want to be divorced yesterday.
Spousal support is based on the length of the marriage. For example, if the couple was married less than 10 years then the spousal support length is considered based on the length of marriage. So, less than 10 years is considered a short-term marriage and more than 10 years is a long-term marriage.