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FILING FOR DIVORCE IN CALIFORINACalifornia Divorce Process
A marriage may be legally dissolved restoring the spouses to “single” status. The grounds for dissolution are generally “irreconcilable differences”. Fault plays no role in obtaining a dissolution. In the alternative, the spouses could adjudicate their marital rights and financial and financial responsibilities without dissolving the marriage in a proceeding for legal separation. You can still obtain a subsequent dissolution of judgment at a later time. A petition for nullity of the marriage should be done only where the validity of the marriage is in doubt. In this case one would have to show that no valid marriage ever occurred, i.e. the marriage was either void or voidable at its inception. The grounds to prove nullity are likely to be more difficult and costly to prove in comparison to dissolution of marriage. The petition for dissolution is generally filed in the county where you have been living for the last 3 months. You must have been a resident of the State of California for at least 6 months prior to filing. I review the jurisdictional requirements with my client and explore different options depending upon the facts. Dissolution actions generally commence with the filing of the Petition. The Summons and Petition are served along with any other documents that may have been filed. If a motion was filed with the Petition a hearing date will be scheduled in about 45 days unless there is an emergency. True emergencies may allow the parties to get into court within 1-2 days. Most courts have front-loaded mediation so that if you have custody and visitation issues you will be referred to either court affiliated mediation or private mediation prior to the hearing. At mediation you will be expected to discuss the type of custody arrangement and visitation schedule with the mediator. Mediation is a critical component in the process. If the parties are not able to agree on theses issues you will be required to attend some form of mediation. I will work with you in preparing for mediation and making sure that appropriate documentation is provided to the mediator in advance. The children will also meet with the mediator if they are old enough. Judgment cannot be entered prior to 6 months from serving your spouse. During this period of time we generally obtain temporary orders if needed for children and spousal support, custody and visitation. I will also discuss with you your rights to obtain other temporary orders. We will also work on making sure the disclosure documents are prepared and served and address the property and debt issues. Common property issues include division of the family residence, retirement accounts, other financial and liquid assets and debts including credit card debts. It is not uncommon to reach agreement on most if not all of the issues. In the case I will prepare a settlement agreement for the parties to sign. If the parties do not reach a full agreement, the matter can be set for settlement conference and trial, which I will represent you. Once judgment is entered the parties will receive an endorsed cope of the Notice that judgment has been entered as well as an endorsed copy of the Judgment. That generally brings the matter to a conclusion although I am available to assist my clients in subsequent modifications depending on whether or not there have been a change of circumstances since judgment was entered. I also work with my clients in preparing or updating their will or trust after a dissolution of marriage. This information has been intended as a general overview and any specific questions should be directed to a competent family law attorney. Every person has specific facts that need to be addresses on a case by case basis. I would be pleases to discuss your case in person. I generally charge a small consultation fee for the first one-half hour. Please call my office to set up an appointment (916) 635-6800.
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