family law faq

Most commonly we prepare divorces, legal separations, child support and parenting plan modifications. We also prepare enforcement actions, resolution statements, mediation requests, and other documents.

Both divorces and legal separations, divide community assets and debts, and make provisions for child custody and support. The process for legal separation is identical to that of divorce. Community assets and debts are divided, child custody is determined, and the community financial relationship is dissolved. However, unlike divorce, at the end of the legal separation, the parties are still married.

If the case is uncontested, and no changes are made during the process, it will generally take between 60 and 90 days depending on the court. If the case is contested, it will take much longer.

A qualified domestic relations order, or QDRO, is used to divide qualified retirement plans such as 401k's, 403b's, and pensions. A QDRO is required under federal law (Employee Retirement Income and Security Act or ERISA) to divide these types of plans. Government sponsored retirement plans are not subject to that law, but most plans have a policy requiring a court order. Most financial institutions do not require a QDRO to divide IRA's.