Most everyone who goes through a divorce has never done it before. That unfamiliarity can make it difficult to wrap your head around everything happening throughout the process. There is one group that has been through the process many times before – the attorneys. We are here to help make the process a little more understandable and straightforward for you. With our experience and knowledge to help you, the process shouldn’t feel quite so daunting. Don’t hesitate to get our help today if you need a Southern California Divorce Attorney. We can help you through each of the stages of a divorce.
The divorce process really begins before you even file. Because a divorce can be a volatile, stressful experience, you’ll want to make sure you are prepared before the process begins. So before you file, you may want to take time to:
You begin your part of the divorce process by filing a petition with the court. In your petition, it’s not necessary to place any blames, as California is a ‘no-fault’ divorce state. This means that irreconcilable differences are justification enough for divorce. During this initial petition, you may make a request for temporary orders that will be valid during the divorce but lifted once the final agreement is in place. These orders may cover things like alimony, child custody, or even the use of property like a vehicle.
After your petition is filed, you must serve papers to your spouse. This process will start the 6-month clock until the divorce can be finalized. It also starts a 30-day countdown for your spouse to respond. Their response can address any claims made in your petition as well as put forth their request for temporary orders. After hearing both sides, the judge will then make a ruling on the temporary orders that will last until the divorce is finalized.
During negotiations, both sides will want all the necessary information. There are a few things that occur in order to assist that process, including:
Overlapping with information being gathered, a negotiation process often begins. The purpose of the negotiation is to reach a settlement that avoids a trial. There can be several different ways a negotiation takes place, but some of the more common are:
The case will head to trial if all else fails. In a trial, the judge will hear arguments and consider evidence from both sides. After giving the whole matter consideration, the judge will then issue a ruling.
Whether accepting a negotiated agreement or making his own ruling, once a judge issues a ruling, the divorce is finalized. Both parties must adhere to the agreement and go through the modification process if they wish to change anything.
A: The 6-month rule for divorce in California means that no divorce can be finalized before six months past the date that it was initiated. This gives both parties time to negotiate a settlement, if possible, and maybe even reconcile.
A: A divorce agreement can cover a wide range of issues; however, some of the most important include:
Whatever the parties agreed to must be signed off on by the judge in the case.
A: A divorce is considered initiated once the papers have been served. This also starts the clock on the six month-rule. So, as long as everything else necessary for the divorce to proceed forward is finished in time, the divorce may be finalized six months (and a day) after the initiation.
A: A divorce is finalized in California once a judge signs off on all components of an agreement and issues a ruling. After that date, if either party wants to make any changes to the agreement, they will have to petition the court to modify it and will need to follow the agreement until the modification can be ruled on.
The divorce process can seem confusing for the uninitiated. It’s made all the more difficult by how emotionally charged the process can be at times. Fortunately, our years of experience can help guide you through. We make sure you understand what’s happening every step of the way and can help you feel prepared in such a difficult time. Contact us today, and let us help make this challenging time a little bit easier.
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