Here are some of the Steps Taken During the Hearing and Trial:

1) The Judge reads the pleadings that each attorney submitted. The pleadings are documents indicating what each side is asking for.

2) The two parties come forward to speak to the Judge and present themselves,
this is known as “stating of appearances”.

3) Both parties take an oath promising to tell the truth.

4) Judge decides which issues have been resolved and which ones still need
resolving.

Do I need to hire an Orange County divorce attorney?

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.

Lawyers will be surveyed on malpractice insurance

In an effort to determine how to make professional liability insurance more affordable and available, the State Bar will conduct an online survey of its members this month.

Participants will be randomly selected from among active lawyers and will be contacted by e-mail. Interested lawyers will be asked to take the survey at a customized Web site created by Infosurv, a firm retained by the bar to administer the survey.

Last year, the board of governors recommended, and sent to the Supreme Court for approval, an insurance disclosure rule that requires lawyers to tell their clients, in most circumstances, if they do not carry malpractice insurance. The board also asked the bar to study ways to make professional liability insurance more affordable and available and to find additional ways to compensate clients harmed by uninsured lawyers.

The survey will try to determine the current percentage of uninsured lawyers, the extent to which malpractice insurance is unavailable and why, and information to help evaluate the issue of affordability.

The board recommended the rule after three years of study and public comment. Supporters of a disclosure requirement believe it enhances public protection while opponents felt such a rule disproportionately affects solo practitioners and stigmatizes those who do not carry insurance.

The rule is under consideration by the Supreme Court.