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Frequently Asked Questions About Divorce
  • "If you date as soon as you're separated, will it legally affect the outcome of your divorce in any way?"

    Divorce attorney Georgine Brave answers: "There are legal, emotional, and child custody/visitation issues to consider.

    We have no-fault divorce in California family law, which means that we check the box on the divorce petition that states "irreconcilable differences" as the grounds for the divorce; therefore, adultery, mental cruelty, abandonment, etc. do not count as grounds. Those issues are not relevant, so no evidence can be introduced about them in California divorce law.

    However, dating right away can affect child custody and visitation. If the parent introduces a new girlfriend or boyfriend to the children and involves the children in the new relationship very quickly, or if the children meet several new "friends," that can be confusing and painful for them. The judge can find that the parent is not considering the feelings of the children; counseling may be ordered and the amount of time with that parent can be curtailed..."

  • "My case is somewhat complicated. Do I need to hire a lawyer who specializes in divorce? Will a specialist be more expensive than a 'regular' lawyer?"

    Family lawyer Georgine Brave answers: " A Certified Family Law Specialist has passed an exam and met other requirements, such as having handled a certain number of family law trials and Order to Show Cause hearings, etc. A attorney who specializes in family law typically does only family-law matters and is familiar with the law, the judges, and the other lawyers.

    A Certified Family Law Specialist usually is more expensive than an attorney who has not passed the exam and met the other requirements..."

  • "How can I fire my lawyer? Under what conditions?"

    Family-law attorney Georgine Brave answers: "Every party has the absolute right to any divorce attorney of his/her choice. The Model Rules of Professional Conduct state:

    "A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment of the lawyer's services. Where future disputes about the withdrawal may be anticipated, it may be advisable to prepare a written statement reciting the circumstances."

    This means that at the beginning, middle, or any time during the pendency of the divorce action, the client has the right to change divorce lawyers. You do not have to state a reason..."

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