Family Law FAQs

What is the difference between a Legal Separation and Dissolution?

When consulting with an attorney, the first step will be to decide if you want to file for a legal separation or a dissolution of marriage. Both actions are similar in nature and utilize the same forms. In both cases the Court can make custody, visitation, support and property division orders. The major difference between the two is that in a legal separation case, your marital status is not terminated and in a dissolution case your marital status is terminated. Also, you must have been a resident of the State of California for six months and the County in which you are filing in for 3 months before you can file for a dissolution of marriage. There are no residency requirements for a legal separation.

How long do divorce proceedings take?

The length of divorce proceedings depends on several factors, the most important is whether or not the parties have a full agreement. If there is a full agreement, the Judgment can be entered with the Court, but your marital status will not be terminated until 6 months and 1 day from the time the Respondent was served. If there is not a full agreement, the divorce proceedings can take a year to a few years depending on how complex the issues are.

Do I have to go to court?

In some cases, you can avoid having to appear in court if you are able to reach a full agreement outside of court. If any issues are disputed, one party will need to file for the Court to decide that issue. At the Law Office of Tina Chen, we can meet with both parties prior to or after the filing of the divorce petition to attempt to negotiate a settlement in order to avoid any court appearances.

How does the court determine child custody?

If you are unable to reach an agreement on custody and visitation, you will have to file a Request for Order for the court to determine this. Prior to making a custody order, the parties will have to attend mandatory mediation. After mediation, the parties will then have a hearing where the Court will determine a custody order that is in the “best interest” of the child(ren). The Court will consider several factors when determining a timeshare, including the age of the child(ren), work schedule for the parents, geographic proximity of the parties, the desire of the child (depending on the age of the child) and the needs of the child(ren).

How is child support determined?

Child support is determined by using a State approved program that calculates support based upon several factors. The program takes into consideration the timeshare with the child, tax filing status, gross monthly income and tax deductions.

How does a court split up property in a divorce?

If you are able to reach an agreement regarding the division of your property, you would incorporate your agreement into a Judgment and the Court would sign off on the Judgment. If you are unable to reach an agreement, it will first have to be determined what is community and separate property. The community property is then divided equally between the parties. If you are unable to reach an agreement regarding the characterization and/or division of property, the Court will set a Trial date to determine these issues.

Bankruptcy FAQs

What is bankruptcy?

Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. This process begins with the debtor filing a petition, and then having their assets measured and valued to determine whether they can be used to repay a portion of their debt or not. This process is handled in federal courts, and the Bankruptcy Code is where all the rules are outlined.

What are the different types of bankruptcy?

There are several different types of bankruptcy. The most common types are Chapter 7, Chapter 13 and Chapter 11. Chapter 7 bankruptcy forgives you of most of your debt. You are required to liquidate your assets with a few exceptions, which depend on federal and state laws. Chapter 13 bankruptcy requires that you come up with a plan to repay your creditors within a three to five year period. After this period, your debt is forgiven. Chapter 11 bankruptcy is generally for small business owners. It allows you to retain your business while paying back your debts according to a structured plan.

Should I file for bankruptcy?

Deciding whether we should file for bankruptcy or not is never easy, as we need to consider how this will impact our personal and professional lives. On the one hand, bankruptcy can help you get a fresh start, relieving you from your debts and keeping your home or your business safe and protected. However, it can take a significant toll on your credit history, which might give you problems when trying to get a loan, a mortgage, a credit card, even from buying a home in the future. That’s why you should always consult with an attorney before deciding to go through this process.

Does bankruptcy eliminate all of my debts?

While filing for bankruptcy allows debtors to get rid of most of their debt, certain debts are not wiped out in bankruptcy. It stops most collection actions, including telephone calls, wage garnishments, and lawsuits (with some exceptions). It also eliminates many types of debt, including credit card debt, medical bills, personal loans and more. However, bankruptcy status does not eliminate child support nor alimony obligations, it doesn’t eliminate our students loan, nor it eliminates most tax debts.

Is there a certain amount of debt to qualify for bankruptcy?

There is no minimum amount of debt to qualify for bankruptcy. An attorney will review your total debt compared to your income to assist you in determining if filing for bankruptcy is right for you.

Estate Planning FAQs

Why do I need an estate plan?

Taking the time to work on your estate planning before you pass away will not only be beneficial for you and your heirs, but to your entire family and loved ones, too. There are many reasons why it is important to work with an estate planner, like preventing unintended beneficiaries, protecting your children, especially if they are minors, reducing estate and inheritance taxes, and eliminating family disputes.

What is my “estate”?

Basically, an estate consists of all the property that an individual owns or is in control of. This can also includes any source of money that is generated as a result of an individual’s passing, including life insurance.

Why do I need a will?

Having a will ready before your passing is one of the best ways to make sure your wishes regarding the distribution of your property is fully respected and honored. Wills are also important if you want to make sure your minor children are cared for as you want to after your death. If you happened to pass away without having a will, your loved ones would be forced to spend plenty of time, energy, and resources settling your affairs after you passed away which is why it is always best to prepare a will, even when you might think your time is yet to come.

Should I hire an attorney to help me draft a will, or can I do it myself?

There is no legal requirement for you to hire an attorney when working on your will. However, it is always better to hire one instead of writing a will on your own. When you hire an attorney, you can ensure that your will complies with state laws, while also providing your estate and your heirs a favorable tax situation. The best way to make sure your will is honored and carried out as you want it to be is by working with an attorney when drafting it.

Personal Injury FAQs

What do I do after an accident?

There are many different scenarios that can fall under personal injury, yet the very first thing to do after suffering an accident is looking for medical help. This will ensure you aren’t suffering from serious injuries and that you don’t lose your ability to file a claim. The second thing to do is contact an experienced and knowledgeable personal injury attorney. They will be able to guide you through the process and let you know whether you have a valid case or not. You should discuss with your attorney what type of compensation you could receive, including medical expenses, equipment, lost wages, and doctor visits, among others.

What damages are available in a personal injury case?

Whenever you are dealing with a personal injury claim, there are many different types of damages that you can demand to be covered by the responsible party of the accident. These damages are divided into different categories, including general compensatory damages, special compensatory damages, wrongful death damages, and punitive damages.

General compensatory damages include pain and suffering, mental anguish, and loss of consortium or companionship. These are non-monetary damages that are usually experienced by all personal injury victims.

Special compensatory damages are all monetary expenses incurred by a victim as a result of the injury, including loss of earnings, both current and future, medical bills, costs of medical care, household expenses, and even costs related to cancelled trips or altered plans.

When it comes to wrongful death damages, this usually includes the expenses generated to surviving relatives and loved ones of the victim. These damages include funeral and burial expenses, pre-death medical expenses, emotional distress of surviving relatives and loved ones, loss of financial support, loss of services, and loss of companionship.

Punitive damages do not apply in every personal injury claim, and are awarded to victims of injuries on which the defendant was found to have acted with malicious intent. The most common cases that include punitive damage compensation include aggravated battery, sexual assault, and fraudulent behavior.

How long will it take to settle my claim?

Since every personal injury case is different, there is no exact period of time on which you can expect to have the claim settled. There are many variables that come into play that make it impossible to have an accurate estimate on the time it takes to settle a personal injury lawsuit. However, in average, a personal injury claim might take anywhere between six months to a year to be settled, even when there are cases that can take two or three years to settle.