FAMILY LAW
1. How long does it take to obtain a divorce?
It depends. Uncontested divorces (where neither side disputes property, spousal support, etc.)
are the quickest and can generally be completed 6 months from the date of filing the divorce
petition.
Contested divorces may take longer, depending on the issues of the case. If the petitioner and
respondent are able to work out their differences via stipulation or agreement, this will speed the
process along dramatically. However, if there are any contentious issues that neither party can
agree on, then a trial or prove-up hearing may be needed. In the latter situation, a judge will
decide the contested issues after each party presents their evidence.
2. The child support I am receiving from my Ex just isn't cutting it anymore. What can I do?
If paternity is not an issue, the process for asking for an increase in child support is called a
Modification. In a Modification, each side is required to provide financial information and
declarations as to why an increase in child support is warranted. At the hearing in the matter, the
judge or commissioner may request further oral testimony to substantiate any claims made in the
moving papers.
If you were not married to your Ex at the time your child was born, any formal order to pay child
support will first require an establishment of paternity. In most cases, either a DNA test, a
Declaration of Paternity, or both, may be needed to establish paternity.
CRIMINAL LAW
1. I was just arrested and charged with a crime. What happens next?
Generally, after being charged with a crime most individuals are released and given a date to
appear in court. The first court date you have is called your arraignment. Depending on the
charge, your attorney may be able to appear at your arraignment on your behalf.
2. I went to my arraignment and entered a plea of not guilty. What happens now?
The next stage in criminal prosecution is usually the pre-trial conference. Your attorney will
usually use the time between arraignment and pre-trial conference to collect evidence and make
evidentiary objections.
3. What happens at the pre-trial conference?
Depending on the offense, the judge or commissioner will schedule a trial in your case. The
District Attorney may also present a "plea bargain," i.e., a sentencing offer in exchange for your
guilty plea.
|
|
