One reason many people avoid or at least delay speaking with a family law attorney is the belief that, by doing so, they are crossing over a threshold from which there is no return. In a sense, people sometimes think filing for divorce – or simply consulting with a California divorce attorney – is a point of “no going back.” This is an understandable worry, as both your marriage and your potential divorce are among the most significant events in your life, both relationally and financially.
But the notion that there is no going back is not literally the case, as filing for divorce does not mean that you must follow through to actually obtaining the divorce, and certainly speaking with a family law attorney about your options does not mean that you must file for divorce.
The Parties Have the Option to Reconcile Prior to a Final Order
Pursuant to California law, a family law court will not issue an order granting the divorce until at least six months after the initial petition seeking the divorce is first filed. That six month delay is a minimum, and a divorce action can go on for much longer, especially when there is delay among the parties in submitting paperwork or where there are complex matters for the judge to determine.
If, at any point prior to final order dissolving a marriage, both parties in the divorce action decide that they want to remain married, they can take steps to end the divorce process. While judges and family law attorneys are concerned about situations in which there is ongoing domestic violence or similarly dangerous conditions in a marriage, in most cases judges and attorneys will be pleased that the couple was able to reconcile.
Your Consultations With a Family Law Attorney Are Confidential
To be sure, the filing of a divorce petition generally occurs at some point after a spouse has consulted with a family law attorney about the process of divorce, what their finances and relationship with their children will look like after a divorce, and their various options relating to property distribution, spousal support, child support, and child custody and visitation.
It is not at all uncommon for a spouse in a marriage to meet with a family law attorney to discuss these issues as they apply to their own specific circumstances, only to later decide to not pursue a divorce or to wait until a later time to see if the marriage conditions improve. What is important to remember is that such a consultation will be 100% confidential, and any attorney you speak with will be bound by law to keep your conversations confidential.
Thus, it is not necessary for your spouse to know that you have spoken with a family law attorney about your options, and you can simply speak to an attorney about your options without taking any further action.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.