FAQ

What Are Your Fees?

In matters of divorce law, fees are typically determined by the amount of time devoted to the client’s file. Clients are entitled to a billing statement that discloses the amount of fees charged, the hourly billing rate or rates, and the basis for determination of the fee.

For any specific questions regarding billing and attorney fees for your case, please give us a call.

How is Spousal Support Determined/Calculated?

Temporary spousal support is calculated based on a formula determined by the income of each spouse as well as state and federal tax factors. Except in cases where a spouse is self employed or owns a business, temporary spousal support is usually predictable.

Permanent or judgment spousal support is more complicated. A judge is asked to determine spousal support considering factors set forth in the Family Code section 4320. These factors include the length of the marriage, the standard of living during marriage, the earning capacity of both parties, their training or career positions, evidence of domestic violence, income tax consequences, etc.

How Are Child Custody Issues Resolved?

When parents cannot agree on a child-sharing agreement, the law requires participation in mediation. This can be done privately or through the court. When an agreement is reached in mediation, it is filed with the court.

If an agreement cannot be reached in mediation, parents proceed to child custody assessment or evaluation. An investigation is conducted by a private or court-appointed qualified mental health professional.

The investigator will assess the child’s health, safety, welfare, and any issues of abuse or domestic violence. The mental health professional will provide a written recommendation to the court. Each parent is entitled to reasonable visitation unless the visitation would be detrimental to the child.

What Areas Do You Serve?

We are located in Campbell and serve clients in San Jose and all surrounding areas. Please give us a call and let us help. We look forward to serving you.