COMMONLY ASKED QUESTIONS ABOUT GETTING A DIVORCE IN CALIFORNIA

1. How long will it take for my divorce to be completed? A divorce is not a quick process. The soonest you can terminate your marital status is six months and one day after service of the Petition on the Respondent. Other issues in the case can take a longer or shorter time to resolve. The timing of resolution may depend upon the amount of information to gather, the emotional state of the participants, and the complexity of the issues to resolve. Mediation can result in an agreement in weeks or months. In contrast, litigated cases can take a number of years to conclude.

2. Will I automatically be divorced in six months? In California, you can obtain a dissolution of your marriage (formerly called a divorce) no earlier than six months and one day from the date the Petition is served on the Respondent. If the other issues of the divorce (i.e., property division, support, and parenting issues) are not resolved within this six-month time frame, you are entitled to request a "bifurcated Judgment." This does not happen automatically. Prior to a bifurcation of the marital status, there are some conditions imposed, such as assurance that health insurance coverage will be continued, that both parties have prepared and exchanged their mandatory disclosure forms, and also that the pension plans be “joined.” If you want to terminate your marital status before the other issues of your case are resolved, you must affirmatively ask the court for relief.

3. What is the difference between a "legal separation" and a "divorce"? The main difference between obtaining a judgment of legal separation and obtaining a judgment dissolving the marriage is that marital status is not terminated as part of a legal separation proceeding. Some parties choose to request a legal separation for personal reasons such as religious beliefs or health insurance concerns. They still, however, must address the same issues as parties undergoing a divorce (i.e., support, parenting, division of marital assets and debts).

4. What protects me from having my spouse take all of the money/assets? While a dissolution proceeding is pending, there are certain duties and restraining orders which apply to both spouses. These are found on the back of the Summons. Generally, you are prohibited from doing any of the following without the consent of the other spouse or court order: taking minor children out of state, making changes regarding your insurance, transferring, selling, or concealing assets, and making certain types of changes in your estate plan.

5. How long will I be entitled to receive, or be obligated to pay, spousal support? Under the law, the duration of spousal support is always within the discretion of the court. For marriages of less than ten years, spousal support may be paid for approximately half the length of the marriage. For marriages of longer duration, the support could extend for a much longer period of time.

6. How are spousal support and child support calculated? In Mediation, you and your spouse can determine how you want to calculate support, considering factors like income, expenses, resources available, and the standard of living established during the marriage. In the absence of an agreement, the court uses a "guideline" formula which takes into consideration the respective incomes of each party, the percentage of time the child spends with each parent, and various other factors.

7. What happens to gifts or inheritances or assets I owned prior to marriage? A gift or inheritance is the separate property of the party receiving it and is not considered a community property asset for division in divorce unless intended for both spouses. Separate property also includes assets owned prior to marriage.

8. Do I ever have to appear in court? It is not necessary to appear in court unless you and your spouse cannot settle issues through mediation and require a judge to make decisions about support, parenting, or property division.

9. How do I help our children deal with this process? Talk with your children openly and honestly without disparaging the other parent. Several resources are available to help children deal with the transition of divorce, including programs through local organizations and a variety of helpful reading materials.

10. What is the difference between "legal custody" and "physical custody"? Legal Custody refers to the right and the responsibility to make major decisions relating to the health, education, and welfare of a child. Physical Custody refers to the time periods in which a parent physically cares for the child.

How long does divorce mediation take?

One of the most common questions couples have about divorce mediation is how long the process will take. With Amanda Gordon's mediation services, the timeline can vary based on several factors.

Factors Influencing the Duration of Mediation

• Complexity of the Case: The more complex the marital estate and the issues at stake, the longer the mediation might take.

• Willingness to Compromise: The ability of both parties to negotiate openly and fairly directly impacts the length of mediation.

• Preparation: Being well-prepared with all necessary documents and information can speed up the process.

Typical Timeline with Amanda Gordon

While every case is unique, most of Amanda's mediated divorces reach resolution within a few sessions spread over a couple of months. This is much quicker than traditional divorce proceedings, which can drag on for years.

Conclusion

Divorce mediation with Amanda Gordon is designed to be a swift and efficient process, helping you transition into your new life phase with less emotional and financial strain.

Divorce Mediation

When facing a divorce, the journey ahead may seem daunting. In the Bay Area, an increasing number of couples are turning to divorce mediation to simplify the process. Amanda Gordon, a seasoned family law attorney and certified mediator, guides couples through this less adversarial route.

What is Divorce Mediation?

Divorce mediation is a collaborative approach where a neutral mediator helps couples negotiate and reach agreements on various aspects of their divorce, such as property division, spousal support, and parenting arrangements. Unlike traditional divorce, where decisions often rest in the hands of the court, mediation places control directly with the parties involved.

Benefits of Mediation with Amanda Gordon

• Efficiency: Mediation can significantly reduce the time it takes to finalize a divorce, allowing both parties to move forward sooner.

• Cost-Effective: With a focus on cooperative negotiation, mediation generally costs less than a court battle.

• Privacy: Mediation sessions are private and confidential, unlike court proceedings, which are public.

• Control: Couples have more say in the outcome, promoting more satisfactory and tailor-made agreements.

• Support: Amanda Gordon provides not just legal expertise but also emotional support, helping manage the stress that often accompanies divorce proceedings.

Conclusion

For those considering divorce in the Bay Area, mediation offers a path filled with dignity and mutual respect. Amanda Gordon's expert guidance makes her a top choice for couples seeking a collaborative resolution to their marital dissolution.

Premarital Agreements: A Blueprint for Marital Harmony"

Many couples view premarital agreements as purely financial tools designed to protect assets in the event of divorce. However, these agreements can also serve as foundational documents that foster stronger relationships by encouraging open communication and mutual understanding from the start.

1. Enhancing Communication: Creating a premarital agreement forces couples to engage in deep and meaningful conversations about their values, expectations, and fears regarding money, property, and their future together. This process can improve how partners communicate, making them more prepared to handle future disagreements constructively.

2. Setting Expectations: A well-crafted premarital agreement can set clear expectations about how financial matters will be handled during the marriage. This clarity can reduce conflicts over money, one of the most common issues couples face.

3. Reflecting Shared Values: By discussing and agreeing on what should be included in a premarital agreement, couples can align their financial decisions with their shared values and goals, such as how they will support each other’s careers, manage debts, or contribute to joint and separate accounts.

Rather than seeing a premarital agreement as planning for the end, couples can view it as laying a strong foundation for their marriage. It’s a tool for ensuring that both partners feel secure and understood, which can lead to greater marital satisfaction.

Why should you get a premarital agreement?

1. Protection of Separate Assets: A premarital agreement can specify that certain assets or income remain separate property, unaffected by community property laws. This is particularly useful for protecting assets like a sole proprietorship, partnership interests, or other equity positions in a company.

2. Intellectual Property: For creative or innovative individuals, a premarital agreement can ensure that inventions, patents, copyrights, and other forms of intellectual property created during the marriage remain separate property.

3. Business and Professional Goodwill: If one spouse owns a business or has professional goodwill (such as a medical practice, law firm, etc.), a premarital agreement can protect this from becoming community property, which would otherwise be subject to division upon divorce.

4. Management of Financial Contributions: The agreement can outline the handling of financial contributions to marital assets, providing clarity and preventing disputes over the source and ownership of funds used during the marriage.

5. Avoiding Spousal Support Obligations: Premarital agreements can include provisions that limit or eliminate spousal support, which might otherwise be mandatory under state laws. This can be particularly important in cases where one spouse has significantly higher earnings or assets.

6. Clarity and Certainty: A premarital agreement can provide clear guidelines and expectations for the management of financial issues in the marriage, which can help avoid misunderstandings and conflicts.

7. Estate Planning: For those with significant assets or complex family situations (like children from previous relationships), a premarital agreement can integrate with estate plans to ensure assets are distributed according to specified wishes without interference from community property laws.

Overall, a premarital agreement offers a way to preemptively address and manage potential financial disputes, providing peace of mind and financial security for both parties.