Bonanno Angelique G Law Offices Of
Certified Family Law Specialist
The State Bar of California Board of Legal Specialization
Fellow of American Academy of Matrimonial Lawyers
Aggressive Family Law Litigation
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FAQ Page

1. What should I do if there has been Domestic Violence?

The first thing you should do is call 911 if you are in danger. The second thing you should do is immediately contact an attorney so a decision can be made whether or not you should file for a Domestic Violence Restraining Order. If you wait, you may have waived your right to obtain a Restraining Order for the particular violent acts perpetrated upon you. Also, if you do not properly present your evidence regarding the Domestic Violence to the court at the time of your hearing, you may waive your right to obtain a Restraining Order based upon those particular events. This is a very serious situation. If you are the victim of Domestic Violence, you need legal representation now! If you have been accused of Domestic Violence you need to consult with an attorney immediately.

2. What will my divorce cost?

Unfortunately, there is truly no way to know or even predict what your divorce will cost. Each and every case is always as easy or difficult as the parties want to make it. The more time and litigation the parties demand, the more the cost. Cases that are more complex will naturally require more time. However even the most complex cases can be resolved without extensive time and litigation cost if everyone is on board.

3. Should I file for Legal Separation or Divorce?

A Legal Separation is primarily different than a Divorce in two ways. First the parties must agree to a Legal Separation. Second, a Legal Separation will not allow you to remarry in the future. You will still need to obtain a Divorce or Dissolution of Marriage Judgment if you ever wish to remarry. Legal Separation is sometimes an option if residency has not been established. Residency is established by living in a particular county for 3 months or more. If you do not have residency, filing a Legal Separation will at least initiate the process, and then a Divorce Petition can be filed later on to obtain the Dissolution of Marriage. Also, if one party files a Petition for Legal Separation and the other files a Response seeking a Divorce, the Divorce action "trumps" the Legal Separation and the Court will order the Divorce. Legal separation Judgments are rare. Typically they are only sought for religious reasons, if the parties do not wish to terminate their marital status or when one of the spouses wants to continue carrying his or her former spouse on his or her group medical insurance. However, keep in mind, not all insurance companies will allow continued coverage once a Legal Separation has been granted. As such, you should not rely on continued medical coverage if a Legal Separation Judgment is entered. Moreover, you should be skeptical if someone assures you coverage will continue. It is not always the case.

4. Does it make a difference if my spouse cheated on me, use drugs, or is an alcoholic?

California is a "no-fault" state. This means the court will not ask you why you want the divorce, nor will it be relevant to the proceeding. Marital status will be terminated if either spouse tells the court they have "irreconcilable differences". Drug and/or alcohol abuse is a factor the court will seriously consider in cases involving custody and/or visitation. If any of these factors exist, you need to speak to an attorney right away.

5. How long will my divorce take?

In any divorce case, there are several issues such as custody, visitation, support, property division, etc. The termination of the status of your marriage is what takes time. In California, there is a six month waiting period. Even though the six month waiting period is mandatory for the "status" of your marriage, a settlement can be reached, entered with the court, and become effective at any time. Also, the termination of your marital status may not necessarily automatically happen upon the six month time period. This should be discussed with your attorney. Finally, there are other factors to consider whether or not it is in your best interest to terminate the status of your marriage right away. In some cases, it may be advantageous to you to remain "married" for slightly longer. This is yet another reason why consulting with an attorney is essential.

6. How long will I have to pay, or how will I be able to receive spousal support?

Spousal support is intended to provide for the needs of the spouse. There are multiple factors for the court to consider and the court has quite a bit of discretion in this area of the law. Typically the question itself is best answered by asking another, "How long were you married?" The State of California recognizes two basic kinds of marriage, "long term" and "short term". A long term marriage is 10 years or more (however there is case law authority supporting that marriages close to the 10 year mark can still be deemed a long term marriage). In a long term marriage if support is ordered, it is typically until death of either party, remarriage of the supported spouse, or further order of the court. In a short term marriage, if support is ordered, it is typically for one-half of the length of the marriage.

7. Will I be able to get back the money I had before I was married or money I received from an inheritance?

Typically all property acquired during the time of the marriage is community property and subject to equal division. However, if there were pre-marital assets, or assets acquired during the time of the marriage by way of an inheritance, you may be entitled to a reimbursement of those assets. The party who asserts the separate property interest bears the "burden of proof". This means not only do you have to make the claim of separate property early in the litigation, but you will also have to prove your assertion. This can be done by tracing the money back to the separate property source. If you have commingled the asset with community property assets, you may have waived your right to reimbursement. In any event, you will want to address this with an attorney early on.

8. I've been served with Divorce papers or a Notice to be in court for a hearing. What do I do now?

You need legal representation, and you need it now! You have only a short period of time to file a Response to avoid a default proceeding being taken against you. You also may be required to attend mediation or Family Court Services. You should never go to court or any other proceeding without first seeking legal representation. Please contact our office today! You should bring with you the divorce papers, any documents about your upcoming court hearing, your income tax return or other payroll information for yourself and your spouse, and any other documentation you think is important. Time is of the essence.

Contact Us

Angelique G. Bonanno - educated lawyer in Rancho Cucamonga, CA
Certified Family Law Specialist
The State Bar of California Board of Legal SpecializationFellow of American Academy of Matrimonial Lawyers
Aggressive Family Law Litigation
Teresa R. Garcia, Certified Paralegal:
Teresa@bonannofamilylaw.com
Kimm Grady, Certified Paralegal :
Kimm@bonannofamilylaw.com
Jessica Galindo, Paralegal
Jessica@bonannofamilylaw.com
Need more questions answered? Call a professional Family and Divorce lawyer today. Law Offices of Angelique G. Bonanno in Rancho Cucamonga, CA. 909-989-7284
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