It is no secret that getting a divorce can be pricey. While there is almost no way to estimate exactly how much any particular divorce will cost to finalize, there are some fees that will be present in any divorce case. In this blog we will break down some of the fees charged by the Superior Court in a divorce or family law matter. Continue reading
Discovery is not the first topic that comes to mind when parties meet with a family law attorney for the first time. In fact, there is a good chance most litigants have no idea what discovery actually is. Sure, anyone who watches any of the serialized crime dramas on TV has heard of a subpoena, but most people have no idea what they are why they are useful.
In a nutshell, discovery is the process of collection evidence, whether that evidence comes in the form of documents, statements, testimony, or information. There are several types of discovery a party can issue. Which method a party chooses depends on what type of evidence they are looking to obtain. This blog will briefly describe the most common forms of discovery used in family law cases. Continue reading
It wouldn’t be a surprise if you had never heard of a “trust account” prior to partaking in a divorce. While there are many different types of trust accounts, in this context we will discuss accounts that attorneys, specifically family law attorneys, maintain on behalf of their clients.
To begin, a trust account is a separate account that a lawyer or law firm may open to hold money that a client or third party has an interest in. Attorneys are not allowed to comingle (mix) any of their own personal funds with funds held in a client’s trust account (with some limited exceptions). There are two types of attorney-client trust accounts. The first is an “IOLTA” account, which holds small amounts of money for short amounts of time, typically retainers, and the interest accrued goes to the state bar. The second type is a Segregated Interest-Bearing Attorney Client Trust Account (“segregated trust account”), which holds larger amounts of money for longer periods of time, and the interest accrued goes to the client. The second type, segregated trust accounts, will be discussed here. Continue reading
Divorce is never ideal. Even in the most amicable of divorces, it is never the outcome that any couple dreams of on the day that they fall in love and decide to get married. However, as difficult as divorce might be, financially, emotionally, and otherwise, imagine the alternative. Imagine that you are stuck married to a spouse with whom you are miserable, just because the laws of your county make it that way.
This is exactly the case in the Philippines, the only country in the world (outside of the Vatican), where divorce is still illegal. There, couples may file for a legal separation, which would allow them to lead separate lives and split their property, but they remain legally married. If parties do become legally separated, they are not able to remarry later, and even worse, if they become engaged in a new relationship even after legal separation has been granted, they risk being criminally charged for committing adultery. Continue reading
Bifurcation is an often underutilized procedure in civil cases (including family law cases) that, if used correctly, can significantly reduce the attorney fees and costs necessary to bring a case to a conclusion and can significantly increase the prospect of settlement.
So what is bifurcation exactly? In the process of bifurcation, the Court, usually on the motion of one of the parties, agrees to hear a trial on just one part of a case. Often times there are difficult issues, that once resolved, simplify the rest of the case. Continue reading
Much to our dismay, the couple once lovingly known by the public as “Bennifer,” a.k.a. Jennifer Garner and Ben Affleck, announced back in June of 2015 that they were going to get a divorce. This was just before the couple’s 10-year anniversary. They reportedly consulted with legal counsel, mediators, and business managers, and agreed that they wouldn’t file the actual divorce papers until after they mediated and resolved all of the issues surrounding custody and property division.
Now over a year since the divorce news broke, neither Jen nor Ben has actually taken the plunge and filed a divorce petition. While Ben has been fairly open about the fact that he never wanted to split from Jen, it finally sounds like the divorce is officially off the table. In their case, the couple is pretty lucky that they didn’t yet file their divorce paperwork. Although it is not difficult to have a divorce petition dismissed, they did not have to bother with the extra steps necessary in actually filing for divorce and then filing a request for a dismissal.
The title of this blog – for our younger readers – comes from the Kenny Roger’s song, “The Gambler” which feels appropriate when discussing a family law case. Parties gamble on the strength of their position, the strength of their legal theories and evidence, and the likelihood they can convince a judge to accept their story. There is always the other side to that gamble; namely the other party. They are also gambling. Family law is not always a zero-sum game, but there are many issues that are either a “yes” or a “no.” So when you litigate a case, you may spend a great deal of time and money only to come out on the other end empty handed.
Good gamblers know to always hedge their bet. Hedging is the act of protecting yourself from loss by reducing the risk. Hedging a bet comes at a cost though. You may reduce your risk of loss, but you also reduce your recovery. In family law, you reduce risk by negotiating a settlement. There are many ways parties can reach a settlement of their case, but the following three scenarios represent the most common avenues. Continue reading
Attorney fees can be a very important issue in many divorce cases. Most family law litigants in California, and certainly their attorneys, are familiar with Family Code section 2030, which awards attorney fees on a “need and ability” basis. This statute is designed to make sure that each party has equal access to legal representation. This makes perfect sense: as a matter of public policy, we don’t want people prevailing on issues as important as child support and child custody because the prevailing party had an attorney and the losing party did not.
There are, however, many other mechanisms that allow the Court to award attorney fees and/or sanctions, many of which are underutilized. They are discussed below.
More so than in other areas of the law, attorney fees can be a critical part of a divorce case. In most civil cases, a party is awarded attorney fees only after they have prevailed in their case and only where attorney fees are specifically provided for by statute or by contract. In family law cases, the availability of attorney fees can make a huge difference during the case, as well as after it.
It’s no secret that divorces can get expensive. The divorce between Dodgers owners Frank and Jamie McCourt exceeded $20,000,000 in fees! There are three fairly simple steps that every single person can take before and during marriage to make any potential divorce less expensive.