The Law Office of Ryan Beiser

  When people refer to “divorce papers,” they are generally referring to the legal documents that start a divorce case ( e.g., “damn, she served me with divorce papers!”). In this post, I will refer to the initial documents in a California divorce case as “divorce papers.” At a minimum, you will receive 3, or 4 (if you have minor children), California Judicial Council forms. Sometimes the petitioner will serve more forms, but I’m trying to keep it simple. Let’s expand: Petition — Marriage/Domestic Partnership (FL-100) "This form starts a divorce, legal separation, or annulment case if you are married, registered domestic partners, or both. You must identify all the issues you want to include in your final divorce." - California Courts Self-Help Guide Ryan’s notes: This form is boring and routine for the most part. Most of the information called for in the form fields are uncontroversial facts such as your date of marriage. Nonetheless, you should read the form carefully. T...

  Surprisingly, this question is relatively simple to answer for most cases. Please note that there are cases where this question is very complicated, and I will not address these cases here because I want this post to be simple and accessible to most parents. As always, nothing in this post should be construed as legal advice! Broadly speaking, the amount of child support is a function of: 1) the number of children receiving support; 2) the percentage of time the children spend with each parent; and 3) the incomes of each parent. If you think about it, this makes perfect sense because: 1) 2 children are more expensive than 1; 2) A large percentage of custodial time cost more than a small percentage; and 3) the more income a parent has, the more they can afford to pay towards supporting their children. As a corollary, the less income a parent has, the more they will need. Now, lets get down to specifics. The judge in your case will use special calculator software to determine the...

  How Much Spousal Support Will the Court Order in California? Updated: 4 hours ago This is a two-part question: The first part is relatively simple, but the second part is somewhat complex—so much so that I believe no two judges would likely arrive at the same dollar amount. The first part of the question is: How much spousal support will the court order before a judgement is entered in your case? The second part of the question is: How much spousal support will the court order in the judgement of dissolution of marriage (or domestic partnership)? I will refer to the judgment of dissolution as the “final judgment,” although it rarely is final. Part 1 From the time spousal support is requested and an order is made until the time a final judgment is entered, the judge, assuming any spousal support is ordered, will make what is called a pendente lite order. Generally, this order, often called a “temporary” spousal support order, will be for an amount resulting from a mathematica...

  How to choose a family law attorney This guide will help you select an attorney to represent you in your family law matter. Below, you will find a list of questions you should ask yourself and your potential counsel. It is not an exhaustive list, but it is a good place to start. I hope you find it helpful. Does the attorney have relevant experience? Family law is a highly specialized area. It is imperative that you select an attorney who either practices family law exclusively or who devotes the majority of his or her time to practicing family law. While it is possible that a criminal defense attorney, a civil litigator or a personal injury attorney would do a fantastic job representing you in your family law matter, it simply isn't worth the risk. Will the attorney personally handle your case? This is a huge issue that inexperienced clients fail to consider. Often, a "seasoned" attorney will impress a client in an initial consultation, the client will retain the attorn...

  Should I find a new family law attorney? Consider the below red flags, and decide for yourself: Red Flag 1 “I had an initial consultation with a lawyer whom I ultimately hired. After I signed a retainer agreement and paid the initial retainer, my interactions with this attorney were few and far between. I now mainly interface with a less experienced lawyer who was never mentioned during the initial consultation.” This situation is more common than one might think. It is essentially a bait-and-switch. Red Flag 2 “When I attempt to contact my attorney, they either do not respond or they have someone else respond for them.” This is a common issue clients experience, and this shouldn’t be the case because it is an ethics violation. Red Flag 3 “When I received my first invoice, I was shocked at how high it was, and I found it hard to discern what work was done and how long it took.” This situation is common because there is no way to definitively prove how long a lawyer spent on a ta...