•
Why did you write this book?
To try to help divorcing couples avoid spending their
life savings in litigation.
• Why
does divorce cost so much?
It is caused by the failure to reach an early settlement
in what has become the most complicated area of California law. “No fault”
divorce has contributed to the high costs.
• How
can a party involved in divorce litigation keep the costs within reason?
You must hire the right lawyer, and you need to keep that
lawyer on a short leash. You must insist on offers of settlement and never
permit the attorney to bring a motion or take any other action without asking,
“How much will this cost?” and “What value will I receive if I
prevail?”
• If
one party is the breadwinner and has high income, and the spouse is a
homemaker who has not been employed outside the home for 30 years, how can the
homemaker hope to compete in court when he or she has no access to funds with
which to pay a lawyer?
One of the principles of family law is that the judges
should maintain a level playing field. The low earner can expect the judge to
order the high earner to pay a portion of the low earner’s attorney fees.
• How
is child support set in California?
Everyone in like circumstances pays the same amount of
child support. The child support statutes contain an algebraic formula that
has the following variables: The net income of each parent, the time each
parent has custody of the child, and the number of children. Judges and
attorneys throughout California have computer programs that apply the formula
in a given case when income, time-share, and number of children are entered
into the program. The program then gives the “presumed correct” figure of
child support, from which the judge has little authority to deviate.
• What
kind of an attorney should a person going through a divorce hire?
A local attorney, preferably a certified family law
specialist, who has experience before the local judges who hear family law
matters. The attorney should know their biases, their tendencies, and their
approach to various family law issues. You should never hire an attorney from
out of county who does not regularly practice before the local judges that
will hear your case.
•
What
is the most money you have seen spent in a family law case?
There was a case recently before me, in which, well prior
to trial, one party had spent 2 million dollars in attorney fees and costs.
The other party had spent a paltry $500,000. The party spending the 2 million
dollars earned 5 million dollars per year.
