Firm Overview

1. Our wedding is coming up. How early should we start working on a prenuptial agreement?

2. If we want to cancel our prenuptial agreement, can we just tear it up?

3. How long does it take to get a divorce?

4. How much will it cost to get a divorce?

5. Will my spouse and I split everything up equally when we divorce?

6. If my spouse and I agree on how to divide things, can we just write it down and sign it?

7. My spouse wants me to move out of our house. Won't I lose my claim to it if I leave?

8. I have heard that spousal support ends after half the length of the marriage. Is this true?

1. Our wedding is coming up. How early should we start working on a prenuptial agreement?

Prenups must be in final form, with no further changes, at least seven days before your wedding - but who wants to worry about it when you're finishing up your wedding plans? To do a good job, it can take a couple of months to get a prenup drafted, negotiated, and finalized, so the earlier you get started, the better.

2. If we want to cancel our prenuptial agreement, can we just tear it up?

No, it doesn't work like that scene in Intolerable Cruelty where the husband cancels the prenup by eating it at the wedding reception. In order to cancel any written contract, including a prenup, you have to have a new written document canceling it.

3. How long does it take to get a divorce

The absolute minimum time period is six months from service of the first papers to the time the judgment can be effective. However, divorces can actually take a long time – many years – if you and your spouse or partner can't agree on things. The best way to shorten the wait is to be willing to calmly discuss and agree on as many issues as possible, either directly with one another or through your attorneys.

4. How much will it cost to get a divorce?

This is the most difficult question to answer, because every divorce is different. The best we can tell you is that it depends on a number of factors, the most important of which are: 1) your total assets and debts, and how complicated are the questions characterizing and valuing those assets and debts; 2) the other issues you need to resolve, such as child custody, child support, and spousal support; and 3) how easily you and your spouse or domestic partner can come to agreements on any of your issues.

5. Will my spouse and I split everything up equally when we divorce?

Not necessarily. There are many issues involved in deciding who gets what in the event of a divorce. You may find that things you thought were shared in fact are not, and you may also find that things you thought had no value (like a personal business) are considered by the court to have value in a divorce. You should consult an attorney early in the process to help you determine the character and value of your assets.

6. If my spouse and I agree on how to divide things, can we just write it down and sign it?

That may not be the best, or most effective, method. There are many hoops to jump through, including disclosures of all of your finances, that are required before the State of California will give you a divorce. If you and your spouse can agree on any (or all) of your issues, you should have an attorney help you write out your agreement and get it approved in a manner that will be legally enforceable.

7. My spouse wants me to move out of our house. Won't I lose my claim to it if I leave?

a. No. If you have an interest in your house or any other asset, you will not lose that interest by moving out or ceasing to use the asset. However, once you leave, it may be difficult to get back in, so you should consider this carefully before taking that step. But please, don't treat the problem the way they did in The War of the Roses.

8. I have heard that spousal support ends after half the length of the marriage. Is this true?

For marriage lasting less than ten years, generally support should continue for half the length of the marriage. However, for marriages lasting longer than ten years, support can continue indefinitely. However, the length of time that support should be paid is also influenced, in either case, by the ability of each spouse to support him or herself. For example, even after a shorter marriage, if one spouse is disabled, he may receive support for longer than half the length of the marriage.