The Process

Everyone knows it as "Divorce", but in California it is properly called "Dissolution of Marriage". This is the court process of ending a marriage and restoring the parties to "unmarried". The process starts with one of the parties filing a Petition requesting the court to end the marriage. To do so, a person has to be a resident of the State of California for at least six months and of the County where filing the action for a minimum of three months. After the Petition is filed, the other party is "served" or handed a copy of the Petition. The person being served has may lead to a default only thirty (30) days to file a Response to the Petition. Failure to respond in timely manner it judgment being entered, against the person not responding and giving the Petitioner everything he or she asked for. If you have been served with "divorce papers", seek legal advice immediately.

Once a person files his or her petition, the court has the final say over all aspects of the marriage including,

• Children:
• Who the children will live with and how much contact the other parent will have;
• Whether the children will live with the mother or father and the amount of time and influence the other parent will have with the children;
• The amount of money one parent shall pay to the other for the support of the children including health care and child care expenses;
• Spousal Support. The amount of money one spouse will have to pay to the other and for how long will support last;
• Property. The division of the marital estate. This includes all the assets the parties have acquired an interest in during the marriage including real estate, family owned businesses, retirement and pension plans as well as vehicles, furnishings and furniture and any debts the parties have incurred.
• Marital Status. When the parties actually become "unmarried".
• Legal Expense. How much of the cost of the process each side will pay.

If your marriage is ending, consult a lawyer. In addition to the considerable emotional pain, the ending of a marriage is legally complex. Divorce also has important tax consequences. You will need sound professional advice to help you with the task that faces you.

Contested or Uncontested

Divorces may be uncontested or contested.

An uncontested divorce can be granted when the parties agree on all issues such as child custody, visitation, child support, and property division. It is important that each party know his or her rights and understand the extent of the community assets and/or debts. If the parties are in agreement, the lawyer will prepare a Marital Settlement Agreement setting forth the terms of the settlement and incorporate the agreement into a Judgment of Dissolution that the court will approve. With the cooperation of both parties, neither party may have to personally appear before a judge.

A contested divorce, where the parties cannot agree to terms, may require several court appearances before a judge. The first such appearance may be for temporary orders for support or custody. After the initial orders are secured, a great deal of legal maneuvering and efforts to discover the facts that will ultimately be presented to the court for final decision at trial. If you are served with legal papers, or given notice of a hearing, DO NOT WAIT, seek legal advice immediately.

When the Judgment of Dissolution Final

Once the judge grants a divorce you may not marry again until the judgment is final. In California, the earliest date for the judgment is to be final is six months plus one day after the date of service of the Petition. Once the judgment is entered in the court records and is final the decisions that were reached generally cannot be changed except if it concerns minor children, or if the court has specifically reserved jurisdiction (the power, right and authority to apply the law).

Divorce is emotionally and financially complex. It is important to see a lawyer to protect your rights and your future. Your lawyer may help you to save your marriage by referring you to a marriage counselor. If you and your spouse are willing to work at it, a counselor may be able to help you learn new communications skills and to gain a better understanding of each other and of yourself. Even if divorce is unavoidable, counseling may keep the relationship with your spouse from worsening.

Other possible alternatives to dissolution include Legal Separation or Annulment. Each has a specific purpose and legal outcome.

In order for you to make decisions regarding divorce, legal separation, or annulment, you must be well informed and have competent professional advise.

The foregoing information is offered to help inform you, however it is not intended as a substitute for professional legal help. (SeeDisclaimer). Only a licensed lawyer can provide such help.