Divorce Handbook for California : How to Dissolve Your Marriage Without Disaster

by Stewart, James W.

• ISBN13: 9781886230521
• ISBN10: 1886230528
• Edition: 5th
• Format: Paperback
• Copyright: 2002-07-01
• Publisher: Impact Pub

Summary

"I wrote this book to help your clients survive the dissolution of their marriage without the financial ruin most people face, " says Judge Stewart. His no-holds-barred guidance shows readers how to: -- Establish realistic expectations about divorce-- Protect children during the difficult times-- Use mediation and/or arbitration effectively-- Find and hire a good attorney-- Handle child and spousal support This updated fifth edition builds on Judge Stewart's reputation of excellent advice to tens of thousands of Californians going through one of life's most difficult experiences.

Table of Contents

Foreword	xiii
Introduction	1	(4)
PART I: HOW TO APPROACH YOUR DISSOLUTION	5	(52)
Why Divorce in California Is So Expensive	7	(8)
The Cost of a Settlement Conference	7	(2)
The Impact of No-Fault	9	(6)
Hiring an Attorney	15	(14)
Selecting an Attorney	15	(1)
The Attorney-Client Interview	16	(1)
Certified Versus Noncertified Practitioners	16	(1)
Reversing Some Myths	17	(2)
What to Avoid	19	(4)
Questions to Ask	23	(3)
Changing Attorneys	26	(3)
Bypassing the Public Courts	29	(14)
Saving Big $$$: The ``Rent-a-Judge'' Option	29	(1)
Mediation and Arbitration Defined	30	(1)
Criticisms of Private Judging	30	(1)
Advantages to Private Judging in Family Law Cases	31	(1)
Costs of Private Judging in Family Law	32	(1)
Mediation Before Filing Legal Action	33	(1)
Who Should Be the Mediator?	34	(1)
Should You Be Represented by an Attorney at Mediation?	35	(1)
Protecting Yourself If You Mediate Without an Attorney	36	(1)
When Never to Mediate Without Counsel	36	(1)
Dealing with Your Mediation Attorney	37	(1)
Collaborative Lawyering, Another Alternative	38	(1)
Pros and Cons of a Collaborative Law Approach	39	(4)
Terminating a Marriage Without Financial Disaster	43	(10)
The High Cost of Litigation	43	(1)
Why Cases Fail to Settle	44	(1)
Making a Better Offer	45	(3)
Settlement Letters	48	(1)
Using an Agreed-Upon Expert	49	(1)
The Litigious Spouse	50	(3)
The Settlement Conference	53	(4)
PART II: BASIC LAW AND PROCEDURE	57	(108)
Shopping for a Judge	59	(6)
Assigning Cases	60	(2)
Assigning Judges	62	(1)
Why Not Family Law?	63	(2)
Child Custody	65	(28)
An Overview: Who Really Makes the Decision?	65	(2)
Mediation and Evaluation: You'd Better Know the Difference	67	(3)
Custody: The Substantive Decision	70	(2)
Does the Child Have a Choice?	72	(2)
Counsel for Children	74	(2)
Joint Custody	76	(1)
Equal Time-Sharing	77	(4)
Move-Away (Relocation) Cases: 180-Degree Changes---Twice!	81	(2)
Choosing an Evaluator	83	(4)
The Molestation Charge	87	(6)
Child Support	93	(20)
How Child Support Is Determined in California	93	(1)
Expenses Don't Count	94	(1)
A Brief History of Child Support Law	95	(1)
How the Law Works Now	96	(1)
Why Judges Seldom Depart from the ``Presumed Correct'' Support Figure	96	(3)
Can You and Your Spouse Agree on Child Support Other than the Scheduled Amount?	99	(1)
Where the Real Battle Is Fought Under Current Law	100	(1)
New-Mate Income	101	(2)
Concealing Income	103	(2)
Failing to Earn to Capacity	105	(1)
Children of Other Relationships	106	(1)
Very High Earners	107	(1)
Child Care, Health Care, Private Schools, Travel Expenses	108	(3)
Wage Assignments	111	(2)
Spousal Support	113	(14)
Income of Supporting Party's New Mate Is Now Irrelevant	115	(1)
Tax Consequences of Spousal Support	116	(1)
Spousal Support: ``How Long, O God, How Long?''	117	(2)
Duty to Be Self-Supporting if Possible	119	(1)
Suppose Your Spouse Voluntarily Quits Work and Is Without Income to Pay Child or Spousal Support?	120	(2)
Will I Have Time To Learn a Job Skill Before Being Required to Take a Job?	122	(1)
Does Spousal Support Ever Increase?	122	(1)
Spousal Support Versus Child Support	123	(4)
The Family Home	127	(8)
Is the Home Community Property?	127	(1)
Must the Home Be Sold?	128	(1)
If the Home Must Be Sold, When?	129	(2)
Who Gets the Home Pending Trial?	131	(4)
You Have a Duty to Treat Your Spouse Fairly	135	(4)
Protecting Your Physical and Emotional Safety	139	(12)
Temporary Restraining Orders	139	(3)
Emergency Protective Restraining Orders --- EPROs	142	(2)
Contempt Actions	144	(7)
Attorney Fees	151	(14)
The Basis of Fee Awards	152	(1)
Attorney Fees: An Emotional Issue	152	(1)
Fees Often Are Disguised	153	(1)
Fees Seldom Are Equalized	154	(1)
A Potential Conflict of Interest	154	(1)
Judges' Unstated Critiques of Attorneys	155	(1)
How Low Earners Can Protect Themselves	156	(1)
When Is a Major Fee Award Issue	157	(1)
Reluctance to Award Advance Fees	158	(3)
Penalties for Misconduct	161	(1)
Who Should Pay the Sanctions	162	(3)
Summary	165	(2)
Glossary	167	(6)
Index	173