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frequently asked questions
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1
Do I need to hire a divorce attorney?Some people represent themselves during their divorce, and can utilize resources such as the Family Law Facilitator's to assist them. However, if you own home, a business, retirement accounts, or child custody and visitation is contested; hiring a divorce attorney can be very useful to help you navigate the incredibly complex laws and court system of a divorce or custody case. Many cases are won or lost on procedure, and presenting specific facts to the judge that is required by law to get what you want. A competent family law attorney will ensure you put your best foot forward in court and that you file the proper paperwork.
2
How do I file for divorce in San Diego? To file a divorce in San Diego County, California you need to file a Petition for Dissolution, a venue declaration, and a Uniform Child Custody Jurisdiction and Enforcement Act residency declaration, and a summons. Unless you obtain a fee waiver, you will also need to pay the initial filing fee. Click here to see the San Diego County Court fee schedule. Of course if you hire the divorce attorneys at Mesnik Law Group, we will take care of filling out and filing each required document to start your divorce. Contact us now for a free consultation.
3
How much does a divorce attorney cost?This is probably the most asked question we get. Attorneys in California are not permitted to take divorce cases on contingency. Therefore, the majority of divorce attorneys in San Diego charge by the hour and will require a retainer deposit paid up front; however, some attorneys will offer flat fee services. The cost of any given case can vary widely depending on the specific needs of the case, the billing rate of the attorney, and the billing practices of the firm. At Mesnik Law Group, we focus on efficient representation which often means the cost of our services are a fraction of other firms. During your initial consultation, the divorce attorneys at Mesnik Law Group will provide you with an estimate of the costs for your divorce or other family law case.
4
Will I be required to pay alimony (also known as spousal support)?In California the law often requires the spouse earning a higher income than the other spouse by more than a minimal amount to pay spousal support for at least an amount of time equal to one-half of the length of the marriage (i.e. 5 year marriage will pay support for 2 1/2 years). The factors contained in California Family Code Section 4320 will be considered by the court such as length of your marriage, each person's income level, the standard of living experienced during the marriage, and a number of other factors such as education level, financial support provided during the education, and time out of work for child rearing.
5
How does child support work in California?Child support in California is based on a mathematical equation that is called the guideline formula. We utilize a computer program to calculate child support using this formula. The major factors used to calculate child support are each party's incomes, or ability to earn if they aren't' working or under employed, how much time each parent spends with the children (called timeshare), each party's tax status, and various other factors such as health insurance premiums, union dues, mortgage interest deductions, and new spouse income. Calculating child support can be complex. Hiring an experienced family law attorney can be imperative to receiving or paying a fair amount of child support. Contact us now for a free consultation.
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