Answers to California Divorce Questions
The breakup of a marriage is often one of the most stressful times in a person's life. Divorce means permanent changes for both spouses and children, and there will be many questions at the outset, such as: Where will I live? Where will my children live? How will I support myself?
Divorce is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. Regardless of whether you are sure you want to end your marriage, you are still considering your options, or you have already been served with divorce papers, it helps to have a general understanding of divorce law and the divorce process. Retaining an experienced divorce attorney to assist you throughout your divorce will help to preserve your emotional and financial wellbeing.
Divorce - Overview
In California, a divorce is called a dissolution of marriage proceeding. A dissolution proceeding is commenced by the filing of a Petition for Dissolution of Marriage. The divorce proceeding will encompass a resolution of all issues related to the ending of a marriage. Child custody and child visitation, child support, spousal support/alimony, asset valuation issues, property division, division of debts, rights of reimbursement, restraining orders and other related issues shall be formally resolved. The finalization of the divorce proceeding will give each person the legal right to marry someone else, divide the couple's assets and debts, and determine the future care and custody of their children. The final order resolving these marital issues generally will be called a Judgment of Dissolution of Marriage.
At any juncture in a divorce, the case may settle in full or in part-or a case may proceed to a hearing and/or a trial on some or all of the marital issues. Whether a case settles or goes to trial is largely a product of the complexity of the issues involved and the reasonableness of the parties in attempting to achieve compromise and settlement. These same concepts determine how long a case may last and how expensive a case can become.
Grounds for Divorce
California is a no-fault divorce state, meaning that you can achieve a divorce simply by stating that irreconcilable differences have arisen in the marriage. While other grounds exist for terminating a marriage, the most common is irreconcilable differences between the parties that have led to a breakdown of the marriage. No proof is required to establish such grounds. In California, your spouse cannot stop you from seeking and achieving a divorce.
How Long It Takes Until a Person Can be Divorced
For a party to be entitled to terminate his or her marital status, it takes a minimum of six months and one day from the date that the Petition for Dissolution of Marriage was served on the Respondent. While some cases may actually be completed before the six months and one day have elapsed, the martial status cannot terminate until the six months and a day mark has arrived. More often than not, however, a case is not completed within six months.
The Divorce Process
Once it appears that you and your spouse cannot reconcile your differences and divorce is inevitable-or if you are on the receiving end of a divorce petition-you may wonder what to do next or what to expect. Hiring an experienced lawyer to help you through this process will ensure that your rights are protected and that you do not become overwhelmed by the complicated legal process.
Starting the Process
After you hire an attorney, your attorney will begin preparing the paperwork necessary to being your divorce. The attorney will prepare and file a document referred to as a Petition. A Petition informs the court of your wish to end your marriage. Your attorney will file the Petition with the court and make sure that the Petition is served on the other spouse.
The served spouse has a certain amount of time in which to respond to your Petition. The Response is the other party's acknowledgment that the divorce procedure has begun.
Temporary Orders
In some instances, there are questions or situations that need to be temporarily resolved pending settlement or further hearing that relate to child custody, visitation issues, child support and spousal support, preservation of martial property, and valuation of the marital assets and debts.
Discovery
Discovery is the process through which the parties obtain detailed information from each other that relates to the martial assets, debts, income, fitness for custody, marital standard of living, or any other issue relevant to your dissolution. The discovery proceedings may involve depositions, interrogatories, subpoenas, and investigation of assets and debts.
Settlement
The parties may enter into settlement at any stage during the proceedings, achieving a resolution of the divorce in whole or in part. All or part of the case may proceed to trial, despite the fact that some or most of the case has been resolved.
Trial
At trial, the attorneys present evidence and arguments for each side, and the judge decides the unresolved issues, including child custody, child visitation, child support, spousal support, and property division. Once the judge reaches his or her decision, the judge grants the divorce.
It is hard to say how long all these steps will take in your case. The entire process can take from as little as a few months to as long as several years. Generally speaking, the more the couple can cooperate and agree to reasonable compromises, the more smoothly and quickly the divorce will go.
For guidance from experienced and dedicated attorneys in your divorce or other family matters, call the Law Office of Nancy J. Stegall, APC at 559-475-6068 or contact us online to schedule a confidential consultation. In addition to meetings at our office, we offer phone consultations for people who are unable to come to our office, such as military servicemen, servicewomen and their families living abroad.
We are located in a safe and convenient location in downtown Fresno, within three blocks of the Fresno County Courthouse, and offer free parking. We are open 8:30 to 5, Monday through Friday, with other times available by appointment. We accept all major credit cards.
Law Office of Nancy J. Stegall, APC
2445 Capitol Street
Suite 140
Fresno, CA 93721
Telephone: 559-475-6068 | Fax: 559-237-6807
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