Frequently Asked Questions About Divorce Litigation:
How does the Court make decisions about child custody?
California law provides that children should have frequent and continuing contact with both parents,
but this doesn’t necessarily mean that children are spilt equally between the homes. The Court considers
the age of the children, the parents’ respective roles as care providers, circumstances that endanger
children, like substance abuse or domestic violence, practical considerations, such as location of the
homes, and, sometimes, the preference of the child.
If you have a dispute with your child’s parent about custody or visitation, the law mandates that you
attend a session of court-ordered mediation. Court-ordered mediation is not private and is not confidential.
If the parties do not agree, the mediator makes a recommendation to the judge, who generally adopts that
recommendation as a court order. In rare circumstances, the court will appoint an attorney for the children,
or request a Court-Appointed Special Advocate. In these cases, the “minor’s counsel” or the “CASA” advocate
will also make recommendations to the judge about your children.
If you and your co-parent do not want to allow third parties to make decisions about your children,
please consider private, confidential mediation. Check out our mediation page to see how private,
confidential mediation keeps decisions about your children in your own hands, and eliminates the
possibility that your children will be removed from your care and placed with third parties.
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How does the Court decide how much child support is paid?
California law provides for child support to be determined by a child-support calculator,
called “guideline.” The main considerations in a calculation of guideline support are the
incomes of both parties, the number of children, and the time that the children spend with
each parent. Guideline support does not consider your costs of living or other debts, as
the law considers support of your children to be your primary obligation. You can set a free,
confidential appointment to calculate support, or review your current order, by calling
our office today.
Make your own rough calculation of child support at:
www.childsup.ca.gov
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Can the local child support agency handle my child support case for me?
Local Departments of Child Support Services (“DCSS”) provide many great services at no cost to you,
and have some remedies that are not available to private attorneys. Working with DCSS can be of great
benefit, but also has risks and drawbacks. It is very important that you have a consultation with a
private attorney before filing a case with DCSS, so that you can be personally advised on the risks
and benefits of opening a DCSS case.
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How does the Court decide who receives spousal support?
Either a husband or wife, if he or she is the high-earner, can be ordered to pay support to
the other. While your divorce is pending, the court will likely use a support-calculator to
determine the amount of support. Later, the court looks to many factors to determine each
party’s needs and ability to pay spousal support.
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How long does spousal support last?
The duration of spousal support depends mostly on the length of the marriage,
but also on factors like the age, health, earning-potential, and financial resources of
the supported spouse. The very general legal presumption provides for support to last up to
half the length of a short-term marriage (fewer than 10 years), and up to the death or remarriage
of the supported spouse in a marriage of long duration (more than ten years). At the same time,
the law puts the supported spouse under an obligation to make efforts towards self-support –
the longer it has been since the divorce was finalized, the more the burden shifts toward self-support.
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Does it matter who caused the divorce?
California is a “no-fault” divorce state, meaning that the reasons for your divorce are legally
irrelevant, and that both parties will be treated equally, no matter how they may have individually
contributed to the breakdown of the marriage. Your attorney may wish to know some of the details of
your path to separation, so that he or she can better understand your divorce dynamic.
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What does it mean that California is a “community property” State?
California law provides that all property acquired during the marriage by the efforts of either
party belongs to both parties together, no matter which party earned or obtained it, and that all
debts incurred during the marriage for the benefit of the community are the equal responsibility
of the parties.
Property that you had prior to marriage, or that you received during marriage by gift or
inheritance, generally remains your own “separate property,” and does not get divided by the
Court. Now that couples are more likely to enter a marriage with their own assets, determining
whether an asset is “community” or “separate” can get quite complex, and should be handled by
an experienced attorney.
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What if we had an agreement about our assets, debts or income?
The Court will only enforce agreements between spouses if they meet very strict legal standards.
It can be very difficult to enforce these agreements in court, and it is recommended that you consult
with an attorney.
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Can I get my spouse to pay my attorney fees?
The court can order that the high-earning spouse pay some or all of the attorney fees incurred by the
other spouse, so as to ensure that both parties have equal access to the law. If your spouse will not
voluntarily provide you with fees for an attorney, you can make a request to the court. Sometimes the
court will defer or deny your requests until your final trial, so it is best for you to have your own
resource for fees.
If you retain the Law Office of Erika Anne Englund, you will need to provide a retainer and remain
current on your bill, even if you believe that your spouse has an obligation to pay your fees. Ms. Englund
can help you determine whether, and to what extent, you may be able to recover fees from your spouse.
If you are the high-earning spouse, you may be liable for payment of your spouse’s fees at any time
during the process, or you may be asked by your spouse’s attorney to voluntarily provide payment of fees.
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How much does a divorce cost?
The cost of a divorce depends on the complexity of the case and the level of acrimony between the parties.
Attorneys in Sacramento, Placer and El Dorado Counties generally charge hourly fees of $250 - $400 and require
that clients deposit a “fee retainer” of $1500 - $10,000. We offer something different: unique flat-fee packages
that allow you to choose a legal package that suits your needs, and then pay one flat fee to cover all of the
anticipated legal services. Packages for legal services begin at $1500. For representation on all issues, packages
range from $3500 to $9500, plus trial. Every package includes unlimited calls, emails, and meetings with Ms. Englund,
so that you never have to worry about being charged for asking questions. Clients never pay additional charges for
attorney travel time to Court, for continuances of court hearings, or for defending emergency motions. Finances
are tight in almost every divorce, but our clients find comfort in knowing what to expect and being secure that
Ms. Englund will be by their side until their issues are resolved.
To find out more about our unique cost-saving options, book your free consultation today.
One of the best ways to spend significantly less on your divorce is to consider private confidential mediation.
To learn more about the benefits of mediation, check out our
mediation page
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How long does it take to get divorced?
You can become officially divorced in as little as six months and one day from the service of your divorce paperwork
on the other party. Usually, divorce litigation will take at least one year, but can last for many more,
depending on the complexity of the issues involved. At your initial consultation, we will discuss the anticipated
length of your divorce process. If you wish to remarry, but have not yet finalized certain property, custody or
support issues, California law allows for you to obtain a “status divorce,” which returns you to the status of a
single person, while allowing the court to continue to decide all other issues. Recent changes in the law make
obtaining a status divorce more complex, and it is recommended that you discuss this option with an attorney.
One of the best ways to get your divorce finalized without delay is to consider private confidential mediation.
To learn more about the benefits of mediation, check out the mediation page.
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Can I represent myself in the family law court?
You can, but it is recommended that you first consult with an attorney to determine whether
this is your best course of action.
Some resources for parties who choose to represent themselves are:
- The Nolo Press book, How to Do Your Own Divorce, can be found or ordered at bookstores,
at www.amazon.com or at www.nolopress.com. It contains both instructions and the legal forms.
- Most counties have a Family Law Facilitator who can help you fill out the forms, and guide you
through the court process, usually at no charge.
In El Dorado County: www.eldoradocourt.org
In Sacramento County: www.saccourt.com
- Some Counties have Legal Self-Help Centers that will help you find and fill-out the forms, usually at no charge.
In Sacramento County:
Sacramento Family Self-Help
In El Dorado County: El Dorado County Family Self-Help
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