Common Family Law Acronyms

Many clients and attorneys are shocked by the number of acronyms used in family law. Here is a list of the common family law acronyms used in San Francisco Bay Area Family Law custody and divorce cases.

ATRO: Automatic Temporary Restraining Order

DCSS:  Department of Child Support Services

DOM:  Date of Marriage

DOS:   Date of Separation

DVRO:  Domestic Violence Restraining Order

EPO:  Emergency Protective Order

I&E:  Income and Expense Declarations

MSA:  Marital Settlement Agreement

MSOL:  Marital Standard of Living

PDD:  Preliminary Declaration of Disclosure

QDRO:  Qualified Domestic Relations Order

RFO: Request for Order

SAD: Schedule of Assets and Debts

TRO: Temporary Restraining Order

UCCJEA:  Uniform Child Custody Jurisdiction and Enforcement Act

UPA: Uniform Parentage Ac

How much will my divorce cost?

The cost of divorce depends on which approach you take.  Keep in mind that just because an approach is cheaper does not mean it is the best fit for your family.

$ DIY Divorce

Doing it yourself is the cheapest way to divorce. You can probably get away with a do-it-yourself divorce and pay only the filing fees you have been married for a very short time, have no children, do not own any real property, and have very few assets and no debt. Typical costs are $500 per couple.  

$$ Mediated Divorce

Mediators charge an average of $300 per hour, per couple. If you and your spouse have only a few issues to hammer out, you may need only one or two mediation sessions, however, my experience has been that most couples need at least 3 sessions. Couples with more complicated issues such as a small business or children will need more time with their mediator. Typical costs are $2,500 to $5,000 per couple.

$$$ Collaborative Divorce

Collaborative Divorce is cheaper than a traditional litigated divorce and the collaborative divorce still includes two attorneys and allied team professionals. Typical costs are $15,000 to $25,000 per couple.

$$$ Litigated Divorce

Generally, a litigated divorce is very expensive. The average adversarial divorce in the U.S. costs between $10,000 and $30,000 per couple.  Couples with high levels of conflict will see the costs rise because you must pay for each attorney to prepare for the initial hearings, conduct a formal discovery process, attend meetings with the other lawyers, gather expert opinions, draw up a settlement and come to a formal agreement.  

You can contact me at Amanda@gordonfamilylaw.com for more information.

Can I deduct my legal fees?

In general, no, legal fees incident to divorce are not deductible. However, fees and costs for attorneys are deductible if they are related to collection of spousal support or alimony or tax advice.  IRC Section 212. You can contact me at Amanda@gordonfamilylaw.com for more information.

Dependency Exemption

Who gets the dependency exemption in the divorce?

Generally the custodial parent claims the dependency exemption in a divorce. Custody is defined as caring for a child for a greater portion of the year.  If the number of nights your child spends with each parents is substantially the same, the parent with the high adjusted gross income should take the exemption.  

Remember that you can trade exemptions each year with IRS form 8332.  And if there is more than one child, then spouses can split the dependency exemption between the parents. You can contact me at Amanda@gordonfamilylaw.com for more information.

Debt durring marriage

Who owns the debt incurred during marriage?  Under Family Code §910, the community estate is normally liable for debts incurred by either spouse, either before or during marriage, regardless of whether one or both spouses are parties to the debt.

Can I do anything about this?  By signing this Premarital Agreement, both parties can agree that each debt incurred during marriage, including credit cards, charge accounts, and other loans or extensions of credit, will be the separate debt of the party who incurs it unless the parties acquire the debt in their joint names. 

If you are concerned about your spouse and their spending habits, or they simply like taking risky business ventures, consider using a prenup or a Marital Agreement to ensure that debt taken on during marriage stays with your spouse. 

You can contact me at Amanda@gordonfamilylaw.com for more information.