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Top 5 Questions about Divorce - Part 1

Posted By Judy Williams || 16-Jan-2011

I’ve been thinking about what are the questions that I hear over and over again and thought I might share those. The first one that I hear every time is, “how much does a divorce cost?”. I usually answer this by saying, that’s like asking how much does a car cost. It depends is the answer to both of those questions. It depends on if you are going to cooperate, if the two of you are going to go out and get attorneys and fight tooth and nail it’s going to cost more than if the two of you cooperate. Litigation will undoubtedly be the most expensive and that’s where each of you go out and get an attorney and you cooperate or not and you go before a judge and the judge makes the decisions about your issues.

The opposite of that is mediation. That’s the least expensive to where you both sit down with a mediator and work out your division of property division of assets and debts and put together a parenting plan. Now sometimes that doesn’t work. In the middle is Collaborative Law. Collaborative is a team approach so it is going to be a little more expensive than mediation but not near as expensive as litigation would be.

The second question I hear often is, “How long does a divorce take?”.In California there is a six month and one day waiting period before a divorce can be finalized. That time doesn’t start ticking until the papers have been filed with the court, have come back to the petitioner, the one who initiated the divorce, and served on the respondent. So on the day the respondent is served the clock begins ticking and in six months and one day the divorce may be finalized in California. That doesn’t mean that automatically it’s going to be. You still have to do your work. The papers have to be presented to the court so the court can approve them but six months and one day is the soonest. In mediation we generally have all the work completed in two to three months. The paperwork then goes to the court and the court will sign the papers. But the divorce won’t be final until that six month, one day waiting.

Check-in with us next week to learn more about the common questions regarding divorce.

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