Legal Question in Family Law in California

should I fire my attorney

I have a female attorney a female

commissioner /pro tem. I've been

order to pay spousal support, until

trial I have a prenuptial agreement,

that stated no spousal support. I am

also a victim of spousal abuse. I am

paying my attacker for attacking me.

I feel the commissioner is bias

against me. My attorney says ,I

cannot get a new judge, without

going to a appellate court. that

retainer for a appellate attorney is

$25000.


Asked on 7/02/09, 4:10 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: should I fire my attorney

There is a limited time to challenge your assignment to a judge, and once you have appeared in front of a commissioner for a hearing, you are locked in. So you can't change the judge, you just need to change the result. The spousal support order is a temporary order. You need to move the case forward. Here, if the prenup is being challenged, you would probably make a motion to bifurcate the issue and get a determination on the prenup, which might take care of your spousal support issue. Otherwise, you might just set the whole case for trial and try to have the prenup enforced.

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Answered on 7/02/09, 1:17 pm


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