About
Peter Hermes
Peter Hermes, Esq., is pleased to announce the expansion of his legal practice and the introduction of his independent mediation practice
Mr. Hermes is a Los Angeles native who grew up in a busy, hard-working, close Italian family. He brings with him the compassion and down-to-earth practical approach grounded in the desire for successful settlement outcomes that serve and advance family narratives.
Mr. Hermes started his career in Family Law with Stephen A. Kolodny, Esq., then created and managed the Family Law Department at Stockwell Harris Widom and Woolverton. As partner and senior litigator at Kolodny and Anteau in Beverly Hills, he handled high-profile, complex, family law matters dealing with prominent entertainment, business and sports personalities, among other clientele. In 2000, he formed Hermes & Glavin, LLP and then pursued a private Family Law practice, Hermes Law Group.
Mr. Hermes is well-respected by colleagues and judges as well as court personnel in a career spanning over 48 years. It is with great joy that he expands his legal practice and inaugurates his new role as a Mediator in service to attorneys and their clients and the Southern California legal community to provide easier, more affordable and effective dispute resolution outcomes, among other jurisdictions.
We offer our clients Expert Family Law representation
The Hermes Law Group specializes exclusively in Family Law cases, including dissolution (divorce), legal separation, custody & visitation, child support, spousal support, Marvin actions, paternity and other Family Law related issues.
The Hermes Law Group is one of the most experienced and successful family law firms serving Southern California.
Dedicated, Loyal Attorneys
We guarantee effective and aggressive representation. Our reputation and history of successful dissolution litigation speaks for itself.
Experience You Can Trust
For over 42 years, Peter T. Hermes has excelled to become one of the top family law attorneys in Southern California handling complex family law matters.
We Treat You with Respect
The Hermes Law Group places the utmost importance on client relations and satisfaction.
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.
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
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