Process of Divorce
Monday by: AndreaThe process of Divorce or Dissolution of Marriage
California’s “no fault divorce” policy basically means that a person can be granted a divorce by the state if one of the spouses finds that the marriage has broken down due to “irreconcilable differences”. Only one spouse has to initiate the process, even if the other spouse does not agree.
There is a residency requirement. One of the parties has to have been a resident of the state for six months prior to filing for divorce, and a resident of the county in which it is filed for three months. Then the petition is filed and the dissolution of marriage procedure begins.
The person who receives the petition is the respondent. He or she has thirty days in which to file a response. An Order to Show Cause hearing is called where a judge will decide on child custody, support, and, if necessary, restraining orders. At this point, the behavior of the parties can be taken into account by the judge as he or she makes the decisions. These decisions are temporary until both parties have concluded the divorce process.
The next phase of the process is called “discovery”. The circumstances of the couple will determine how complicated this phase has to be. Child custody, property, debts, and support must be documented before they are divided. The Preliminary Declaration of Disclosure lists property as community, having been acquired during the marriage, or as separate property, having been acquired by only one of the parties. The income of both parties is taken into account in this phase as well.
When the discovery phase is finished, a Marital Settlement Agreement is then written by one of the attorneys involved. If both parties agree on its terms, it is signed by them and their attorneys. If there is disagreement, then the case is brought to trial.
The last phase of the process is the Judgment of Dissolution of Marriage, a document that is filed with the state. It states all of the court’s orders that have been agreed upon or have been decided by the judge.
Divorce is a very difficult, emotionally-charged process that needs to be handled with care. Contact the professionals at Rizio and Nelson who will guide you through it. They are dedicated to using their many years of combined experience to serve you in your time of need.
