Attorney Family Law Divorce

Family Law... What is a Calendar Call?

2010-07-16T12:33:00.000-07:00

When a Judge is about to hear a case he does a “ calendar call” this is to grasp exactly what cases and who is expected to appear in court.

Judges call the cases in alphabetical order, when calling the cases the attorneys inform the judge approximately how long their case may take.

Every now and then while the Judge is doing the calendar call some cases are placed on “second call”.

Second call is where the case is heard later on during the day to allow the attorneys to appear if one is running late.

Do I need to hire an Orange County divorce lawyer?

2010-05-22T16:44:00.000-07:00

If you are unsure if you need a divorce attorney, ask yourself the following before you proceed on our own with the divorce proceedings:

1. Do I comprehend the forms that I need to file in order to proceed without a lawyer?

2. Do we have children?

3. Do we have large assets, pensions, 401(K)s and/or liabilities that need to be separated?

4. Is my spouse going to contest any portions of our divorce that may necessitate Court intervention and guidance?

5. Do I have any doubts about whether I am agreeing to do something that I'm not legally required to do or waiving something that I may be legally entitled to?

If you responded yes to any of the questions above, it is in your best interests to at the very least consult with a family law divorce attorney.

The following are common characteristics of a person who does not need an attorney to assist them in a divorce:

1. The parties have no children or sizeable assets that need to be separated and/or have already divided all of their assets and liabilities;

2. The person comprehends all of the divorce documents and is perfectly capable of filing them out without the assistance of a lawyer;

3. Not in a hurry and have no specific time line that they are looking for to finalize their divorce;

4. The funds that it would take to hire a lawyer is more than the value of the assets or debts the parties are contesting;

5. Alimony or child support is not at concern.

Hiring an Attorney

2009-07-20T14:09:00.000-07:00

One of the reasons to hire a divorce attorney during your marital and family law case is to protect you during a contempt or enforcement hearing so that you do not wind up behind bars. Your spouse may request that the judge hold you in civil or criminal contempt of court if you do not pay your child support, alimony or attorney's fees and costs.

Contempt is a refusal to obey a legal order, mandate or decree. It can also be an act tending to embarrass, hinder or obstruct court in the administration of justice or to lessen its authority or dignity. Civil contempt is remedial and coercive whereas criminal contempt is designed to punish.

Attorney Bettina Yanez defends parents that are in contempt for failing to pay their child support in Orange County.