Ginter Family Law

Effective December 1, 2011, any hearing continuances must be done by making a personal appearance to court, as opposed to previously being able to phone in a hearing continuance.  This change was implemented by the court due to budgetary issues.  While this change is said to avoid the need for court clerks to handle phone requests for continuances, this change will likely adversely impact pro per (i.e., self-represnted) litigants, as well as represented litigants.  For pro pers, they will likely need to take additional time off work to appear and request a continuance.  For represented parties, they will surely be paying for their attorneys to make the appearance for a continuance.  This is yet another good reason for parties to consider a non-adversarial form of resolution, such as Mediation or Collaborative Law Process, where there are, typically, no hearings.

Unforuntately, as many people know, particularly those who are currently facing family law issues, the budget cuts in California have severely, and negatively, impacted the court system.  Sacramento's family court system was struck particularly hard.  What might have taken a couple of hours to file is now taking an entire day; the Family Law call center shuts down at approximately noon; and, if your "number" is not called in time to file even one (1) document, you will be asked to leave the court building, only to start the process the next day the court is open where you have the time to devote another day to the process.  There are also additional changes that have negatively effected parties and their attorneys alike in the Sacramento family court system, such as a new "local rule" that requires the filing of a written request at least five (5) COURT days in advance in order to continue a hearing, where a hearing continuance previously only required a phone call two (2) court days prior to the hearing.  This means increased hassle--and potential increased fees and costs--to simply continue a hearing.  So, people are probably asking themselves:  "How can I avoid these nightmares AND still have my family law issue resolved?"  One answer is the anticipated growth in interest in NON-ADVERSARIAL options available to folks facing family law issues, such as Mediation and Collaborative Law Process.  "Non-adversarial" essentially means minimal court involvement.  Therefore, there is an expectation that such avenues will be sought in an effort to avoid the court system.  After all, if parties do not, themselves, have to travel to the courthouse for things such as filings, then one can avoid having to take a vacation day or two from their precious-earned time through their employer, just to file a document.  Additionally, if no hearings are scheduled (since the parties attempt to negotiate their case OUT of court), then there is a potential of also avoiding having to take off future work time to appear at court for an adversarial hearing.  If you or someone you know is facing a family law issue, it would behoove you and/or the person you know to investigate non-adversarial options in order to avoid the serious issues facing the court system in these tough economic times.

There were many updates to case law that affected Californians.  For some highlights, be sure to review our Spring 2011 Newsletter, which is slated to be available for only the 2nd quarter of 2011.

For those of you that have found timing the service of motions a bit confusing, you're not alone.  For example, currently, a motion must be served by mail at least 16 court days and five additional calendar days before the hearing date.  So, do you count these days backwards from the hearing date?  Do you count the days forward from the service date?  Do you count the court or the calendar days first?  There is an anticipated solution effective January 2011:  California Code of Civil Procedure Section 12c. 

This section is expected to indicate that, to calculate the appropriate notice period for a motion, one must count backwards from the hearing date, beginning with the motion timeframe (i.e., the court days), followed by the additional time for the method of service chosen (i.e., the calendar days). 

In short...yes, you can do you own divorce.  However, it is not recommended.  There are many pitfalls in a divorce and, in fact, any family law issue.  If money is a concern, than a Partial Service arrangment with a family law attorney is worth looking into; however, be aware that all attorneys do not offer this arrangement...be sure to ask the attorney you consult with if you are interested in Partial Service to determine whether this is an option at that law office.  Another option where a budget is tight is to simply consult with an attorney on an as-needed basis.  Again, all attorneys do not perform this service.  Oftentimes a single consultation can make all the difference in the world as to whether your divorce action will start off with minimal headache.  For do-it-yourself information, you may want to try visiting either the court's website where venue will likely be or visit the courthouse itself to determine whether there is some available assistance. 

Some of you are reading this because you know you could benefit from the assistance of a family law attorney but you are concerned about breaking the bank.  If this fits your description, then you owe it to yourself to find a family law firm that has flexible options.  For example, "Partial Service," also called "unbundling" and "limited scope representation," is a great way to help reduce attorney's fees since the client shoulders some of the legal responsibility in the case.  "How" that legal responsibility is divided is up to you and the attorney.  Additionally, some attorneys are amiable with simply having consultations with you on an as-needed basis where you typically pay for the time spent with the attorney immediately after the consultation.  Not all family law attorneys offer the aforementioned services; therefore, be sure to inquire, during an interview with your prospective attorney, as to whether he or she offers a particular service that you may be intrested in pursuing.

Ginter Family Law will be providing a free class regarding options people may have regarding family law issues.  We believe that the choice in resolving family law differences is a critical component of your case, one that should be dealt with early on in your case.  You can learn more, and register, for this class quickly and easily by clicking here.

It's official...the Natomas Business Network has been formed!  Mr. Ginter was directly responsible for the formation of this group.  It is a social business group that meets semi-monthly.  The purpose of the group is to provide a fun relaxed atmosphere for people interested in business and the Natomas community to gather, have discussions and to network.  Sometimes there are speakers; sometimes we simply have fun discussions.  Mr. Ginter is honored to currently be the moderator of this group.  If you are interested in learning more about Natomas Business Network, please feel free to contact Ginter Family Law.  If you would like to visit and/or join the group, please click here.

As of February 2010, Mr. Ginter has been elected as an at-large Board of Director with the Natomas Chamber of Commerce.  Mr. Ginter is honored to be able to serve and support the Natomas business community.  His term is due to expire in 2011.  If you are intersted in learning more about the Natomas Chamber of Commerce, please feel free to contact us.

Ginter Family Law has now scheduled classes for January 21, 2010 and March 25, 2010, both of which have free admission.  More information on these classes can be found on the Calendar page of Ginter Family Law.  If you are interested, please use our convenient online register form, also located on the Calendar page.  Please note that space is limited and seats will be assigned on a first come/first serve basis.  We look forward to serving you.

Do you know of a location that could benefit from learning about various aspects of family law?  Maybe it's a church.  Maybe you and others you know are in a similar circumstance.  If so, contact us and let us know where you would like Mr. Ginter to present...we even have a conference room at our own office where we can host a presentation.  Let us know what you'd like to learn about.  Perhaps we can put on a class for free to help steer you or someone you know in the right direction. 

Hello, viewers.

We are excited to announce the release of our Fall 2009 newsletter, which highlights our grand opening!  To download the newsletter for your viewing pleasure, visit our "Downloads" page to retrieve the file. 

Ginter Family Law is proud to open its doors to the public!   Conveniently located near Sacramento and Greater Sacramento counties, we are located only blocks away off the I-5 Arena Boulevard or Del Paso exits.  Feel free to browse our website...we tried making it an educational experience!