The decision to divorce is one of the most difficult decisions a person can make in their life. Therefore, knowing what are good questions to ask divorce lawyers can help the divorce process go smoothly. Whether your divorce is amicable or contentious, asking the right questions and being prepared to meet with your divorce lawyer can ease stress and potentially save you time and money.
A skilled Pasadena divorce attorney can work tirelessly to ensure you understand each step of the process and answer your questions along the way. At Khalaf Law Group, our lawyers have extensive experience helping couples divorce both inside and outside of the courtroom, so you can rest knowing you are in good hands.
The Divorce Process in California
California is a no-fault divorce state, meaning that a spouse does not need to prove wrongdoing, such as adultery or abuse, in order to file for divorce. As a result, either spouse can initiate a divorce even if the other does not agree. The current divorce rate for California is about 5.9 per 1,000 women 15 years and older, as of 2022.
There is a mandatory six-month minimum waiting period in California from the date the other spouse is served before a divorce can be finalized. This is the same for married couples and those in domestic partnerships. Before understanding the right questions to ask your divorce lawyer, you should first understand the four main steps of the process, which are outlined below:
- File a petition for divorce. Only one party needs to file a petition to get a divorce. For Pasadena residents, you would file at the Los Angeles County Superior Court, at 300 E. Walnut St., Pasadena, CA 91101. Once one spouse files the necessary paperwork, they must serve the other spouse so that they may respond.
- Sharing of finances. Divorce is not only difficult emotionally, but it can be tough financially. The next step in the process is to provide your financial information. Your spouse is also required to share theirs.
- Create an agreement. The decision to divorce impacts more than just the couple, but their children, too, if they have them. In this stage of the process, you and your spouse should make decisions about child custody and support, alimony, and how you will divide property and assets.
- Finalize the divorce process. Once you and your spouse can agree on major decisions, either with or without court involvement, the divorce can be finalized. This step also involves filing pertinent paperwork with the help of a lawyer.
Questions to Ask Your Divorce Lawyer
Now that you understand more about the process, you are better equipped to ask questions that may yield the results you desire. At your consultation, certain questions may arise spontaneously, but here are some common questions that you should come prepared to ask:
- How much do your services cost? Each firm has different price structures based on factors such as experience, location, and the complexity of your case. You should also consider various court fees, including the filing fee, which is between $435 and $450 in California.
- How long will the process take? There are two main types of divorce: contested and uncontested. While contested divorces tend to be lengthier and more time-consuming, uncontested divorces tend to be less expensive and less time-consuming.
- What are your specific divorce practice areas? Each divorce is unique and requires different skills and legal knowledge. Many uncontested divorces merely require mediation, while contested divorces may require a lawyer who is skilled in the courtroom. In other cases, a legal separation may be required. Asking this question can narrow down whether a lawyer can meet your specific needs.
- What to do if my former spouse does not respond? If your partner refuses to respond or doesn’t sign the paperwork within 30 days, then you have what is considered a default divorce. In this situation, the process is simpler and may avoid the need for a trial.
- What is your level of experience and credentials? This is perhaps one of the most important questions. You should understand your lawyer’s ability to do the job and do it well. You should be clear about how long your lawyer has been a divorce attorney, their success rate, and their credentials.
FAQs
Q: What Not to Say in Divorce Court?
A: Generally, it is good to ask your lawyer what not to say in divorce court; however, there are certain things that may make your chances of receiving what you desire more difficult. For example, you may want to avoid bashing your spouse, lying or exaggerating, or providing any incriminating information that could ruin your chances of receiving custody or spousal support.
Q: Who Loses the Most in a Divorce?
A: Who loses the most in a divorce varies depending on each case. If you or your spouse has to pay a significant amount in spousal support, that may be considered a loss. Likewise, if you are denied custody or visitation, this may also be considered a loss. Children are also an integral factor in the divorce process, and if parents are unable to come to a workable and effective agreement, children have much to lose.
Q: What Are Good Discovery Questions for Divorce?
A: In a divorce, discovery is the process in which both parties exchange important information to build their respective cases. Good discovery questions in a divorce focus on finances, assets, and parenting. Examples include: What are your current income sources? What property or assets do you own separately or jointly? Have you had any recent appraisals or valuations on your assets? These questions help uncover critical details that will affect property division and support agreements.
Q: What Is the Kindest Way to Ask for a Divorce?
A: The kindest way to ask for a divorce is in private while being mindful of time, tone, and place. Speaking calmly and respectfully is recommended, as is waiting until children are not present. It is important to avoid making accusations, but instead share your feelings about the matter while providing space for your partner to share theirs.
Contact Khalaf Law Group Today
If you are seeking a divorce, you are not alone. At Khalaf Law Group, we can help ensure you do not feel overwhelmed while navigating the process. Contact our office for a consultation; we can help answer your questions and help you reach the outcomes you desire.
