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Frquently Asked Questions (FAQs)
The following information is very general in nature and offered merely for informational purposes. It is not legal advice. Each person’s situation is unique to them and legal advice can only be offered on a case specific basis.
How long will my divorce take?
Realistically, most divorces take between six and eighteen months. Very simple divorces can be completed in a much shorter period of time.
How much will my divorce cost?
How much the process costs really depends on the degree of conflict that has to be resolved.
Will the other party have to pay for my attorney fees?
Courts are permitted to order one party to contribute to the other attorney fees when there is a disparity of income or available assets between the parties so that both parties have equal access to the court. Courts may also issue attorney fees orders in the way of sanctions for unreasonable behavior.
What do I do if I have an emergency that must be dealt with?
If circumstances warrant, the court may issue ex parte orders. Such orders are made in exceptional circumstances when the court concludes that immediate intervention is needed to address a significant problem. Such orders are the exception and not the rule. Ex parte orders can be requested and ruled on in a very short period of time – with in a matter of a day or two.
What is an OSC?
OSC stands for Order To Show Cause. It is simply the name of the hearing where parties are asking for temporary orders or orders before trial or for modification of existing orders.
Why would I want an OSC?
This type of hearing is used because the court will set the hearing date relatively soon and issue temporary orders before trial. The court will not set a trial date until both sides have completed their disclosures and discovery which may take several months. Parties often need orders long before trial and this type of OSC is referred to as an initial OSC. This is an extremely important hearing and may impact your case for a significant period of time. OSC’s are also used to modify existing orders. This type of OSC is referred to as a post judgment OSC or Motion.
Do I really need a lawyer?
Some people feel that they are sophisticated enough or that their case is simple enough that the expense of an attorney is not justified. Getting divorced is one of the most complicated and significant events that many people will ever encounter. The outcome of your divorce will have far reaching consequences and you need to obtain the best outcome possible. If your divorce is really uncomplicated with only a few disputed issues, a mediator may be able to help to resolve those issues. It is never a good idea to sign complicated legal papers that you do not really understand or to make agreements when you really do not know what other choices you may have. If you have been married less than five years, have no children together, own very limited property, and meet all other criteria, you may me able to utilize a "Summary Divorce." Information about this process is available at the clerks office. Lawyers are not involved in this type of divorce at all.
What is mediation?
Most courts have mediation services that address child custody disputes. The mediator meets with both parents in an effort to get both parents to come to an agreement on the living arrangements for their child(ren). Parents are often able to reach an agreement in mediation on issues of child custody. If the parties do agree, the mediator will prepare a written memorandum of the agreement and that will be submitted to the court and become an order of the court. Mediation Departments can be either reporting or non-reporting. Orange County Mediation reports only whether or not an agreement was made and only provides the court with actual agreements. Riverside and Ventura County actually report recommendations to the court even when the parties have not reached an agreement. Mediation services are not the same as Child Custody Investigations.
What is a Child Custody Investigation?
In Orange County the mediations department is sometimes called upon by the court to conduct either an emergency child custody investigation or a regular child custody investigation. The results of either one of these investigation will be made to the court, usually in writing but often orally (emergency) and may contain recommendations concerning custody.
What is a 730 Evaluation?
730 refers to section 730 of the California Evidence Code, which provides that the court may appoint an expert to offer an opinion an issue that is before the court. Experts will investigate the situation and offer "expert" opinions to the court. The court will consider the opinions but the final decision in matters before the court rest with the court and the court is not permitted to simply rubber stamp the expert opinion. Experts may be appointed by the court to make recommendations concerning child custody, property valuations, or even to determine cash flow from a business.
Will I always have the same judge hear my case?
Orange County has a direct calendar, which means once you have been assigned to a court and the time has passed for objecting to that court, that court will be your primary court. That court will be primarily responsible for hearing your case, but occasions may arise because of the courts calendar that your case is temporarily assigned to another court for a particular hearing.
If you have been served with a petition for divorce or are considering divorce, we invite you to contact us and schedule an appointment to discuss your situation and/or legal need. For a free consultation, call (714) 730-8202, or send us a request for an appointment online.
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HOSFORD & HOSFORD, INC.
A LAW CORPORATION
17821 E 17th
Suite 295
Tustin, CA 92780
Tel:(714) 730-8202
Fax:(714) 730-1959 |
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| Family Law Attorney Profiles |
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Stephen C. Hosford
Mr. Hosford specializes in Family Law and provides strong legal representation and legal counsel on family law, divorce, and child custody related issues. |
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Valerie R. Hosford
Ms. Hosford focuses on family law and appellate law providing her clients with legal representation on probate, guardianship, and family law appeals. |
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| Evening and weekend appointments are available on request. Practicing In Orange County Since 1978. Call (714) 730-8202 |
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| Child Custody & Divorce Library |
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 | | Divorce - Divorce or Disolution of Marriage, timeline, process, issues, questions, and procedure as it relates to California Family Law. |
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 | | Custody & Visitation - Physical Custody, Legal Custody, Joint Custody, meaning and types of custody arrangements. |
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730 Evaluation - 730 child custody evaluation or investigation of the family dynamics as it relates to the best interest of the children. |
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 | | Child & Spousal Support - Child Support and Spousal Support calculation factors and guidelines as it relates to California Law. |
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 | | Bankruptcy & Divorce - Divorce attorney and bankruptcy attorney to help with your divorce and bankruptcy legal needs. |
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Hosford & Hosford, Inc.
A LAW CORPORATION |
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