SAN DIEGO DIVORCE AND CHILD CUSTODY ATTORNEY

Steps in the Divorce Process in California

Having your divorce finalized in California can take anywhere from 8 to 24 months. When you file your initial petition, the respondent will have about a month to provide a response. Emergency orders will be implemented to prevent the sale or transfer of property. Your medical insurance must also be maintained throughout the divorce proceeding. Counsel may need to file a request for temporary child custody and/or spousal support order pending the conclusion of your divorce.  Read on to learn more about the California divorce process:

 

1. Filing For Divorce

The first step in the California divorce process is to meet with an attorney to discuss your legal options. Attorney Joseph Willmore reviews his client’s assets and debts and provides him/her with sound legal advice regarding the division of their property. Once the client understands the extent of their property, and how it may be divided under California State law, attorney Joseph Willmore completes and files the formal Petition for Dissolution. The dissolution petition outlines the basic facts of the marital relationship including the date of marriage, the date of separation, the minor children of the marriage, the reason for the divorce, and the request being made to the court for a judgment of dissolution.

 

2. Service of Process

The petitioner must serve the respondent with the petition for marital dissolution within

120 days of the filing. The respondent will have thirty days from the date of service to provide a response. The response must be served on the petitioner and filed with the court. It is important to respond to the dissolution petition. Failure to respond can result in a default judgment being entered against the respondent.

Upon the answer being served, the divorce proceeding will move to settlement, and if both sides are unsuccessful in reaching a settlement, the matter will go to trial.

 

3. Automatic Temporary Restraining Orders

As mentioned above, once the Petition for Dissolution is filed and served on the respondent, automatic restraining orders are immediately implemented to protect the marital assets. Both parties are prohibited from moving assets including cash, stocks, retirement accounts, without a court order stating otherwise. Each spouse are also prohibited from canceling or modifying any health insurance, auto insurance, or life insurance coverage without the express consent of the other spouse or court order.

 

4. Fiduciary Duties During Divorce

Spouses owe one another fiduciary duties throughout the divorce process. Once a petition for dissolution is filed and served, marital assets are treated as business property. For example, if the parties own a home or investment property together, then business must continue to operate as usual despite the divorce proceeding. If a party intentionally damages any marital property in which a fiduciary duty is owed, then he/she can be held liable for damages. The asset can be awarded to the non-offending spouse by the court.

 

5. Full Disclosure Requirement

Each party is required to serve a Preliminary Declaration of Disclosure along with related financial documents on the opposing party. This must be done within 45 days of filing the petition for divorce. 

All assets and debts must be disclosed. If a spouse hides assets or debts, legal action can be taken against him/her.  A full disclosure must be made in order for a divorce to be granted.

 

6.Division of Assets and Debts

Each party is required to serve the Schedule of Assets and Debts on one another. It includes a list of all marital assets and debts. Each party must list the date of acquisition, the fair market value of the property, and any pending loan obligation owed on the property. The Income and Expense Declaration must also be served by both parties. It includes an overview of each party’s monthly income and monthly expenses.

 

7. The Six Month Waiting Period

Under California State law, parties must wait at least six months from the date service of the petition for dissolution to be officially divorced. This mean the martial status of the parties will not terminate until this period is completed. If the judgment of dissolution is entered by the court prior to the six-month period ending, the settlement provisions will not go into effect until the period is over. The judge will set a future date in which the judgment will be applicable.