Divorce and Family Law FAQs

Pasadena | Glendale | Burbank | Los Angeles CA

Dependency Matters Handled in the Counties of:
San Bernardino I Ventura I Riverside I Los Angeles CA

Our clients often have questions regarding their situation.

Follow the links below for answers to some of our most frequently asked questions.

Dissolution of Marriage

Do I need an attorney for my divorce?
Whether or not you need an attorney is a decision you must make based on the facts and circumstances of your particular situation. However, a divorce can be an emotionally trying time and you must ask yourself if you are prepared to deal with the emotional and financial burdens of divorce and handle all the legal work at the same time. You might also ask yourself if you are in a state of mind that will allow you to make decisions that will affect your life far into the future.

I'm on a limited budget, but I need family law representation. What should I do?

The Law Offices of Howell & Howell offer Limited Scope Representation for individuals on a limited budget. Learn more about our Limited Scope Representation.

How do I hire an attorney?
You can look on the internet, in the yellow pages or simply ask a friend. However, you should always meet with an attorney before you hire them, to insure that you will be working with someone who you feel comfortable with. Also, when interviewing an attorney, make sure that you ask all the questions you can, so that you understand the many options your particular case has. You may also want to inquire as to the hourly rate your attorney charges, as well as the hourly rate charged for other persons in the office who might work on your case.

If I decide on the attorney I want to represent me, what next?
Once you decide on an attorney you would like to hire, you will be asked to sign a retainer agreement (a contract with your attorney) and pay a retainer fee. This retainer fee is a prepayment for legal services services which is a standard procedure for family law attorneys. The attorney will deposit your retainer fee in a client trust account that is overseen by the California State Bar. As your attorney works on your case, they will draw money from your retainer to pay for their services. If your retainer runs out before your case is settled, your attorney will require you to replenish the retainer fee. If your case settles and there are unexpended funds in your account, you will be refunded the amount remaining. Each case is unique, so retainer fees charged by an attorney will depend on the facts of your case and the fees charged by the attorney you choose. The amount of attorney fees may also be a result of your spouse’s unwillingness to be reasonable or settle the case.

How do I begin the divorce proceedings?
After you have hired an attorney, you will need to fill out paperwork, which the attorney will file with the court. The person who files for divorce is known as the Petitioner. There are many documents to file initially and a filing fee has to be paid to the court (which is currently $355.00).

I have been served papers for a divorce, what next?
If you have been served (and you must be personally served by someone not a party to your case) papers for a divorce, then you will be known as the Respondent. You too will be required to pay a fee (that fee is currently $355.00) and you must file a response (within 30 days after you were personally served) to the Petition for Dissolution.

How long will it take to get divorce?
After a Respondent has been personally served, it will take a minimum of 6 months before your divorce can become final.

At the Law Offices of Howell & Howell, we know what a divorce means; emotionally, physically and financially. Therefore, we provide our clients with the support they need to insure a divorce settlement that meets their unique personal needs and provides them closure.

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Domestic Partnerships

We are domestic partners, how will our matter be handled?
Under California’s domestic partnership law, they are handled in the same manner as a divorce.

However, each partnership has its own unique set of facts and circumstances and The Law Offices of Howell & Howell has a great deal of experience in dealing with these sometimes unique issues raised by domestic partnerships. We offer you the guidance and tools necessary to minimize the impact of dissolving a domestic partnership, for you and/or your children.

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Mediation

Is there a way to handle my divorce without going to court?
At Howell & Howell, we make sure that you understand all the options you have in a divorce, including mediation. A mediator is on objective person who does not take sides and helps guide you to settlement. A mediator does not make decisions (like judges do). Mediation services can be offered to clients who are willing to allow a single attorney to help them reach a settlement that will resolve all issues involved in their divorce. After both parties agree to this type of settlement, they meet with a mediator (attorney) and resolve all issues related to their case (custody, visitation, support, asset and debt division). The mediator may file all the necessary paperwork for both parties, so that a final judgment can be entered and the divorce can be finalized without incurring the legal fees involved with litigating a divorce in court.

NOTE: However, if you are unable to resolve your issues with an attorney serving as a mediator, then neither party will be able to retain the services of the mediator to work on their case.

Leslie Howell, of The Law Offices of Howell & Howell, as a volunteer mediator for the Burbank Family Law Court, has the experience to deal with the difficult issues raised in mediation. She can offer you the guidance and options that will minimize litigation and therefore reduce the impact of divorce on you and your children.

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Paternity

We were never married, but we have a child, what do we do?
If you were not married to the person with whom you have had a child, then you will need to file a paternity action to be able to have the court issue any orders regarding custody, visitation and/or child support.

A paternity action, while not always as complicated as a dissolution, still involves a great deal of emotion as you try and sort out the issue of paternity and how that relates to custody and visitation. The Law Offices of Howell & Howell are prepared to offer you the advice and support you will need to get through the litigation, and as always, will try to resolve the matter as quickly as possible for the benefit of the child(ren).

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Child Custody

What is child custody and visitation?
In a divorce or paternity action, the court has jurisdiction to make orders regarding with whom a child shall live and how much time each parent will spend with the child. This is usually the most difficult part of any separation of a family. The courts encourage parents to work out these issues on their own, as you are the ones that know the child best and should be determining what is in the child’s best interest. However, if you are unable to work out a plan for the custody and visitation of your child(ren), then the court will make orders and determine whether a parent shall have joint or sole legal custody and/or primary physical custody.

What is joint or sole legal custody?
California law encourages a form of custody called joint legal custody, giving both parents the right and responsibility for decisions about the child’s health, education, religious upbringing, and future welfare. If a particular situation requires that one parent make these decisions, then the court can make an order giving that parent sole legal custody of the child(ren). The factors that go into those decisions are too complex to state here, but your attorney will be able to provide you with further information.

The court also rules on physical custody, granting one parent primary physical custody, and secondary custody to the other. These orders can take many forms depending on the needs of the children and parents. A common physical custody order is for the children to reside with one parent during the week, and spend alternating weekends with the other parent.

The court has continuing jurisdiction to modify custody orders as the circumstances of parents and children change. For instance, though the child does not have the right to decide with which parent to live, the court is likely to consider the child's wishes, especially if the child is older.

How will my children deal with these issues?
When it comes to reaching a child custody agreement and deciding child visitation rights, each parent should put aside their differences to consider what is in the best interest of their children.

The Law Offices of Howell & Howell has a great deal of experience in dealing with these emotional issues, and we will offer you the guidance and tools necessary to minimize the impact of divorce on your child(ren).

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Child Support

What about child support?
For some parents, understanding their rights and responsibilities in child support matters is not easy. At the Law Offices of Howell & Howell, we will make sure you understand all the issues that affect child support.

The State of California requires a parent to support their child until they reaches 18 years of age. If he or she has not graduated from high school by that time, the child support continues until high school graduation, or until age 19 if the child is a full-time student living with a parent.

Child support calculations are based upon the incomes of both parents and the amount of time that a child spends in each parent's custody. The higher the income, the higher the amount of child support. Income from all sources is factored into calculating the amount of child support.

Some other considerations include:

Expenses
Childcare expenses are divided between the parents on a more or less equal basis, and are considered additional child support. Both parents are required to provide medical insurance for minor children if the coverage is available at nominal cost or no cost at all, through their work or union affiliation. Medical expenses not covered by insurance, such as co-pays, are generally divided equally between the parents.

Enforcement
An experienced family law attorney can help a parent obtain an order for the appropriate amount of child support, and see that the order is enforced. We can also represent either parent in a child support modification proceeding, in case personal or financial circumstances change, or in proceedings to establish or disprove paternity.

The long-term well-being of your children is at stake. Child support issues are of paramount concern. The assistance of an experienced lawyer is essential to the process.

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Spousal Support

What about alimony / spousal support?
Alimony, spousal support and spousal maintenance are all the same thing. However, for many clients, it will be the only financial security they can look toward when their future seems so uncertain.

Spousal support laws are complex and can require tremendously detailed work. Laws, calculations, enforcement, modifications, tax reporting issues all must be taken into account.

The Law Offices of Howell & Howell can insure you understand your rights regarding spousal support and that you understand the issues the court will consider, which include:

Duration
The life of a spousal support agreement depends on each case. The period for which you may be entitled to receive spousal support is one-half the duration of the marriage - for a marriage of less than 10 years, which is considered a short-term marriage. Spousal support for marriages over 10 years (long-term marriages) will be determined by a complex set of laws or the agreements between the parties.

Amount
The amount of spousal support is based upon the needs of the receiving party, and the paying party's ability to pay. The factors considered in determining needs are length of the marriage, health of the parties, age, interruption of careers, if any, and current skills and education, among other factors.

Taxes
Assuming that spousal support is a part of the written agreement or judgment, spousal support is taxable to the recipient and deductible to the party responsible for payment.

Insurance
Once a divorce is finalized, medical insurance is no longer available to that person as a spouse, though under COBRA, a divorced spouse may continue with insurance for a period of 36 months. Full premiums are usually the responsibility of the divorced spouse unless otherwise agreed upon.

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Community Property

What about property we bought during marriage?
One of the most contested issues before the court in a divorce is how to divide the property. Depending on how the property was acquired, the court will look at the family law statutes and current case law to determine whether property is separate or community. Even after that determination, you may be entitled to reimbursements or other compensation. Because this is such a complex area of the family code, if parties cannot agree on how to divide property, then it will often take a trial for the judge to make a final determination, a process that is both lengthy and expensive.

The process of divorce is often emotionally charged and financially challenging. At the Law Offices of Howell & Howell, we will make sure you are informed at every stage of the proceedings and that you understand what your rights are. We listen to our clients and will always offer you our best legal advice.

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Adoption

I am a step-parent and want to adopt my spouses child(ren), what do I do?
Step-parent adoptions are fairly common and not to difficult. However, it is advisable to hire an attorney to guide you through the paperwork, to insure that everything is filled out correctly and filed in the proper court.

I want to adopt a child?
There are many options for adopting children; surrogacy, foreign adoptions, agency adoptions and adoptions through the county (Department of Children and Family Services). Each type of adoption has its own unique problems and challenges, and should be handled by an experienced attorney.

At the Law Offices of Howell & Howell, we handle step-parent adoptions, and adoptions through the County of Los Angeles.

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Dependency (Children's Court)

My child was taken by Department of Children and Family Services (DCFS), what can I do?
When DCFS takes your child(ren) from you, they file a petition alleging abuse, neglect or failure to protect at the Monterey Park Children’s Court. If you do not have the financial ability to hire an attorney, then one will be appointed to you by the court.

If you decide to hire private counsel, understand that dependency law is very unique, and the practice of law at the Monterey Park Children’s Court is very different than most other superior courts.

At the Law Office of Howell & Howell, Robert Howell has those special qualifications. Robert spent 18 months representing parents at dependency court, where he gained a reputation as a vigorous advocate for parents. Before that, Robert had practiced 2 years as a private attorney representing parents in dependency court and has done so since he left his employment as a dependency court appointed attorney. Robert has the experience and knowledge you need to protect all your rights as a parent in dependency proceedings.

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Educational Rights

My child is having difficulty at school, what can I do to get the school to help?
A lot of parents are faced with the fact that their child does not seem to be doing well in school. Maybe you suspect some learning disability or other problem. What you need to do to start is request from the school and assessment of your child to determine if they have a problem.

If your child is assessed and identified with a problem impairing their ability to get an education, then your child is entitled to an Individual Education Plan (IEP) to address their problems. These problems can range from emotional issues, attention deficit disorder (ADD or ADHD), medical issues, identified disabilities, autism, or mental disorders. No matter what it is, your child has the right to an education and the school must accommodate your child’s special needs.

These accommodations can be as simple as moving a child to the front of the class, allowing them to tape record classes or as complex as moving them to special education classes or non-public schools, or in the extreme cases, having your child placed in residential treatment.

Most parents will find school districts will stall or never even inform them of their rights. That is where the Law Offices of Howell & Howell can help. We have extensive experience with the issues involved in getting schools to accommodate children, whether for just an IEP or placement in residential treatment. Don’t be put off by the tactics of a school district, get legal help to insure your child receives the education they are entitled to.

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Domestic Violence

What is domestic violence?
When two people reside together, have a relationship and engage in any type of violence towards the other (physical, emotional or verbal), it is considered domestic violence. Such behavior can result in criminal action, dependency court action, civil action or in the family law courts, it will be a factor the court must consider when dealing with child custody, visitation and support and it is a factor to be considered in spousal support.

What do I do if I am a victim?
There are many organizations in the Los Angeles area that assist parties who are victims of domestic violence (see our links page). Each person must decide how they will deal with their particular situation based on the facts and circumstances of your case. Seek assistance immediately.

What if the other person is not related to me or we have no relationship?
In this type of case, you will have to file for a civil harassment restraining order. These petitions are handled in much the same way as domestic violence petitions, but are usually heard in civil and not family law courts.

Do I need an attorney to file for protection?
No, most courts have a special office and personnel to help you fill out and file the necessary paperwork. However, if your circumstance is that you are involved with Dependency or Family law court, it is advisable to seek the assistance of an attorney.

At the Law Office of Howell & Howell, Robert Howell and Leslie Howell have extensive experience with these issues. Leslie Howell was trained and worked as a counselor for LACAAW (Los Angeles Commission on Assaults Against Women). Robert has litigated numerous domestic violence and civil harassment cases. Robert and Leslie have the experience and knowledge you need to protect all your rights domestic violence proceedings.

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Juvenile Delinquency (Criminal)

My child has been accused of a crime, what do I do?
If your child is under 18 and is accused of a crime, you will need an attorney. Although your child may be appointed a public defender, you must decide if that person is the right fit for your situation. Some questions you can ask a public defender include: How much of a caseload do they have? How much time will they be able to devote to your child’s case? And what options can they offer the court regarding your child’s situation?

If you decide to hire private counsel, then Robert Howell, of the Law Offices of Howell & Howell can help. Robert can give your case and your child the time it needs to make sure your child gets the best resolution of their case that the law will allow.

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Contact an Experienced Pasadena Family Law and Divorce Lawyer

For information about California family law or divorce, or to discuss your particular matter with an experienced Pasadena family law and divorce lawyer, schedule a consultation in our office by calling us at (626) 568-1900, or if you prefer, fill out our intake form and we will contact you.

Helping clients in transition…. Call today.

Located in Pasadena, California, the Law Offices of Howell & Howell represents men and women in family law and divorce matters throughout the San Fernando Valley - San Gabriel Valley - Inland Empire area, including clients throughout the communities in and around Pasadena, La Canada, San Marino, Los Angeles, Burbank, Glendale, Alhambra, Arcadia, Azusa, Glendora, Covina, West Covina, El Monte, San Bernardino and Riverside, CA.