Struggling With Divorce When One Spouse Refuses to Cooperate
Can You Move Forward With Divorce When One Spouse Refuses to Cooperate? Navigating a divorce when one spouse refuses to…
About Peter T. Hermes
Peter T. Hermes, Esq., is a Los Angeles native and an accomplished family law attorney and mediator with more than 52 years of experience in California family law.
Raised in a close, hard-working, Italian family, Peter learned early on in his career, the importance of family, responsibility, integrity, hard work and finding practical and creative ways through difficult divorce situations.
Peter began and joined practicing family law with Stephen A. Kolodny, Esq., for 28 years. He then created and managed the Family Law Department at Stockwell Harris Widom and Woolverton and then served as a partner and senior litigator at Kolodny and Anteau in Beverly Hills.
Over the years, Peter has handled a wide range of family law matters from divorce, custody and support disputes to highly complex cases involving businesses, substantial assets, premarital agreement disputes and representing well-known individuals in the entertainment, business and sports communities.
In 2000, Peter formed Hermes & Glavin, LLP and later continued his private family law practice through Hermes Law Group.
Today, Peter brings more than five (5) decades of experience, judgment and perspective to his litigation and mediation practice, helping individuals, families and their attorneys work through difficult issues and disputes and find practical solutions, creative options and ways forward for clients and mediation participants to successfully move on with their lives
.
Achievements, Certifications and Expertise
Peter T. Hermes’ professional background reflects more than five decades of work in California family law, litigation and mediation.
His experience includes:
- More than 52 years practicing California family law
- Service on the Los Angeles Superior Court Family Law Mediation Panel
- Completion of the Mosten-Guthrie Advanced Mediation Program
- Participation in the Sorrell Trope Trial Institute as a guest mock trial participant
- Former Certified Family Law Specialist, State Bar of California
- Extensive experience in divorce, custody support, property division and post-judgment matters, among others
- Experience handling complex cases involving business interests, substantial assets and well-known individuals and families
- Involvement in significant California family law cases including lead attorney in the Trial and Appeal in the landmark California Supreme Court family law case of In re Marriage of Pendleton-Fireman
- Television appearances as a guest family law attorney on NBC, ABC, CBS and KTLA discussing family law issues and topics
Peter’s experience comes from decades spent working through difficult, family law matters with clients, attorneys, judges and court personnel throughout Los Angeles County, Orange County, Riverside County, San Bernardino County, Ventura County and other Central and Northern jurisdictions.
“Neutral” – What Does This Mean?
Peter has always described a “neutral” in a simple way:
“The mediator functions as a “Neutral”, providing the mediation participants “a voice” – without being judged.”
As a neutral mediator, Peter does not represent either participant, does not take sides nor does he decide who is right or wrong and all settlement decisions are made by the parties (exclusively) and not by the mediator.
His role is to make sure each participant has a safe mediation environment, has the opportunity to be heard, to help clarify the issues and to keep the resolution discussions moving in a productive direction.
Neutrality does not mean sitting back and saying nothing. Peter draws on more than 52 years of family law experience to listen, ask questions, identify obstacles, bring perspective to difficult issues, identify the statutory and case law that addresses or impacts a disputed issue and help participants explore practical options and solutions.
Mission Statement
Family law disputes are rarely just about the law. They involve real people, impacting their families, finances, children, relationships, anger, fear of the unknown, unreasonable or misinformed expectations, taking charge or control of their lives, emotions and difficult life-changing decisions that can have lasting effects.
After more than five decades in family law, Peter has seen firsthand how prolonged litigation can take an emotional and financial toll on the parties and their family members involved.
His goal as a mediator (neutral) is to give each participant a voice and a meaningful opportunity to be heard without being judged, help identify the real issues and possible options and solutions, bring clarity and perspective to difficult discussions and provide options and/or alternative and creative ways that would move the mediation process forward to a successful conclusion for both parties. Where attorneys are involved, Peter works with them as part of the process.
The aim is not to force a settlement, but to provide and maintain a safe, mediation environment and help people make informed decisions, reduce unnecessary conflict and acrimony and, whenever possible, assist the participants to reach fair and practical agreements that allow everyone to move successfully forward with their lives.
What is Mediation?
Mediation is a confidential process in which a neutral mediator helps participants work through marital issues in dispute and explore possible ways, options and alternatives to resolve them – without the enormous financial cost of litigation.
Unlike litigation, mediation keeps the decisions in the hands of the participants. The mediator does not represent either side, does and decide who is right or wrong, or impose an outcome.
Instead, the mediator helps clarify the issues, improve communications between the participants where possible, and guide the discussion toward practical options and settlement solutions. The participants remain in control of the decisions they make and any agreements they reach.
The goal is to provide a constructive and safe setting in which difficult issues and possible solutions can be addressed openly, without unnecessary conflict, acrimony and expense, resulting in a process that achieves workable agreements, voluntarily reached by the participants.
Experience Matters
After more than 52 years practicing family law, Peter has handled thousands of matters involving divorce, custody, support, property, premarital agreements and other family law issues. Some have been straightforward. Others involved difficult legal questions, complex financial issues, high conflict or involving well-known individuals and families.
That experience matters in mediation.
Peter has spent his entire career as a divorce litigator. He knows how cases develop, how disputes can escalate, and how much time, money and emotional energy can be spent when people are unable to reach a resolution and how the time expended in contentious litigation (years) creates lost financial opportunities for the litigants.
He also knows that every family, every litigant and every case is different. There is no single approach that works for everyone. In mediation, Peter draws on his years of experience to help identify the important issues, ask the right questions and bring perspective to difficult dispute resolution discussions.
Over the course of his career, Peter has served on the Los Angeles Superior Court Family Lawa Mediation Panel, has participated as a guest mock trial participant in the Sorrell Trope Trial Institute programs, completed the Mosten-Guthrie Advanced Mediation Program, and was involved in significant family law matters including lead counsel in the Trial and Appeal in the case of Marriage of Pendleton-Fireman (a landmark California Supreme Court family law case).
For Peter, experience is not about having all the answers – it is about listening, knowing what to look for, what questions to ask, controlling the approach and effective path to settlement discussions and settlement and when and how there may be another way forward.
Why Mediate with Peter T. Hermes?
Peter brings more than 52 years of family law experience to mediation. He has handled thousands of matters involving divorce, custody, support, property, premarital agreement disputes, domestic violence restraining order matters and other family law related issues and has seen firsthand how quickly conflict can become costly, stressful and difficult to manage.
His years as a litigator give him a practical understanding and experience of how cases develop, where disputes can escalate, how disputes can be resolved and what may be gained – or lost – by continuing through litigation.
In mediation, Peter does not take sides or impose solutions. He listens, asks questions, helps identify the real issues and brings perspective and options to difficult discussions. His role is to help participants understand their resolution options, work through areas of disagreement and, where possible, reach reasonable and workable resolutions that mediation participants can live with.
Peter believes people are more likely to make progress when they are heard and not judged and given the choice to take control of their lives and make their own informed resolution decisions. That belief, together with his extensive experience, common sense and straightforward approach shapes the way he conducts every mediation.
Common Questions & Answers
California was the first state to implement the “No-Fault Divorce” concept. In California, a dissolution of marriage can be granted if the Court finds there to be “irreconcilable differences” that have caused an irreparable breakdown of the marriage. Therefore, as long as one spouse disagrees. In effect, this simply means that a married person who wants to end the marriage can do so, even if the other spouse wants to stay together.
This also means that you won’t necessarily get a better result from your divorce because your spouse abused you, defrauded you or cheated on you. However, these and other acts of misconduct may be considered by the Courts in various circumstances. For example, the law regarding spousal support was recently revised to include a provision that spousal support abuse shall be a factor considered in determining the appropriate amount of spousal support to be paid.
In order to be able to file for a dissolution of marriage (i.e. divorce in the State of California), one of the spouses has been a resident of this state for six (6) months and of the county in which the proceeding is filed for three (3) months next preceding the filing of the petition. (California Family Code §2320)
No judgment of dissolution is final for the purpose of terminating the marital status of the parties until six (6) months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first. (California Family Code §2339 (a))
A typical dissolution of marriage requires the following steps:
The Summons and Petition for Dissolution (Family Law) is filed and personally served on the Respondent. The Respondent then has thirty days to file a Response (Family Law).
One of the parties to the dissolution will usually request temporary court orders by filing for an RFO to Show Cause hearing. At this hearing, the judge will make temporary child custody, support and restraining orders (as appropriate).
The parties may then engage in discovery, which is the process by which parties to the dissolution exchange information and documents that are relevant to the case. One of the required aspects of discovery is the preparation of the Preliminary Declaration of Disclosure. This is a court form in which each party lists their community and separate property. As part of this disclosure, the parties are also required to exchange current Income and Expense Declarations. Other forms of discovery include interrogatories (written questions) and depositions (oral examination under penalty of perjury).
After the discovery is completed, the parties and their attorneys (if they are represented by an attorney) may discuss settlement of the case. If the case is resolved by settlement/agreement, one of the attorneys will prepare a Marital Settlement Agreement or Stipulated Judgment, which will contain all of the terms of the parties' agreement. This is a contract that is signed by both spouses and their attorneys.
If the parties are not able to agree on all of the issues in the case, a trial will take place on some or all issues. If the parties sign a Marital Settlement Agreement, one of the attorneys will then prepare a Stipulated Judgment that contains all of the terms of the Marital Settlement Agreement to be signed by the judge. If the parties go to trial, once the trial has concluded, one of the attorneys will prepare a Judgment of Dissolution of Marriage. The Judgment will contain all of the court’s orders. The Judgment will then be filed and signed by the judge, and the court will mail a Notice of Entry of Judgment to each attorney.
Spousal support is often awarded at a hearing (following the filing of a Request for Order) on a temporary basis, where one spouse is unemployed or earning significantly less than the other spouse. The Superior Court of California, for the Counties of Los Angeles and Orange, have adopted the Santa Clara County guidelines for temporary (a.k.a. pendente lite) spousal support. This guideline provides that the higher earning spouse’s spousal support is to be 40% of his/her net monthly income, reduced by one-half (½) of the other spouse’s net monthly income.
Recent Blog Posts
Divorce With a Family Business? Here’s How to Protect It
Navigating Divorce With a Family Business: Real-World Scenarios When the personal and professional collide, as they often do in marriages…
Divorce After a Long Marriage (20+ Years)? Here’s What to Expect
Contemplating Divorce After a Long Marriage (20+ Years): Why Now? For many, the idea of ending a marriage after two…
Reviews
If anyone is looking for a great divorce lawyer, Peter Hermes is the one. Peter helped me with a bitter divorce which had lasted for three years. Peter’s interrogating questions to the opposing party during Depositions were professional, justifiably fierce, powerful and to the point. Last but not least, Peter was a great mediator between the two parties during the court appearance. I am happy, and I am able to move on with my life.
S.C.
Peter Hermes is an accomplished attorney who successfully navigated a challenging situation and obtained the divorce I wanted. I personally interviewed three other attorneys before deciding Peter was the best fit for me. He is very experienced and knew how to handle unexpected circumstances and demands when they arose and ultimately obtained the terms for my divorce I thought were fair.
Tom Seufert
Get In Touch
Speak With An Experienced Family Law Attorney in Los Angeles
Get trusted legal guidance for divorce, child custody, spousal support, and other family law matters. Schedule a confidential consultation with our attorney today.