Divorce is difficult for almost everyone who goes through it. The process represents not only the end of a marriage, but the hopes and ambitions you likely had when you first married. But like most life transitions, divorce carries within it the potential for growth and new opportunities. At our office, our divorce lawyer team can help you to move from a place of uncertainty to a place of confidence, hope, and new beginnings.
Part of what makes divorce so challenging is that most people are unfamiliar with the process and don’t know what to expect. That can make you feel unprepared and vulnerable. We help you understand the essentials of the law and how that law applies to your case. We explain your options and give you the information you need to make the right decisions. Lastly, our divorce lawyer team will stand with you and advocate for you every step of the way—at the negotiating table, and if necessary, in court.
Every marriage is unique and so is every divorce. But some rules apply in all California divorce cases:
A California divorce begins with one spouse, the “Petitioner,” filing a Petition and Summons for Dissolution of Marriage in the superior court for the county in which at least one spouse meets certain residency requirements. The Petitioner serves those documents on the other spouse, who is called the “Respondent.” The Respondent will have an opportunity to file a Response to the petition.
All divorces in California are “no-fault,” meaning neither spouse has to prove that the other is at fault in the breakdown of the marriage. California divorces may involve some or all of the issues below:
If you and your spouse agree on the terms of your divorce, you can get an “uncontested” divorce, which requires little court involvement. If you disagree on some terms, your divorce is considered “contested.” A contested divorce can become uncontested if you reach an agreement. You may be able to reach an agreement through mediation or by negotiating issues with your attorneys’ help. If you cannot reach a settlement agreement, your divorce will go to trial.
There is also a type of uncontested divorce process called “summary dissolution” which is available to couples in short-term marriages with no children together and little property. In a summary dissolution, the spouses file a Joint Petition for Dissolution, rather than one filing a petition and serving it on the other.
Regardless of whether your divorce process is contested, uncontested, or a summary dissolution, California imposes a six-month waiting period before your divorce is final from the date the Petition and Summons were served on the Respondent. During that time, you can ask the court to put in place temporary orders to establish child custody, child support, spousal support, or some property issues.
We understand that reaching a negotiated divorce settlement is usually ideal. In fact, the great majority of divorce cases settle by agreement. Reaching a fair agreement may be less stressful on you, your spouse, your kids, and almost always less expensive than a divorce trial. We focus on really getting to know you, your family, and your goals, so that we can help you reach a settlement that’s right for you. We are skilled and creative negotiators.
However, unlike many attorneys who practice only family law, we are experienced litigators. If a fair agreement through mutual cooperation is not possible, we are not afraid to go to court. We have a reputation for thorough preparation and effective trial strategy.
However your divorce unfolds, we will be by your side to offer the support, guidance, and advocacy you need to move forward with your life. Please contact our divorce lawyer team to learn more about how we can help you.
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