Being on the receiving end of a divorce filing can be traumatic, even if you know that it is coming. How you handle the process can dictate how the divorce ultimately goes for you and your legal position. Your first step should be to contact an experienced attorney. Being served with divorce papers is a difficult experience for anyone,…
Divorce in California does not happen overnight. Not only is there a six-month waiting period for a divorce, but there are a number of things that must happen legally before the court can enter the divorce order. The divorce case begins when one spouse files a Petition of Dissolution with the court. That starts the six-month time period. When…
The three primary issues in any divorce case involving children are: Where they will live and spend their time Who will make decisions on their behalf How will the children be supported In every divorce case, the primary concern is the children. The court would place their interests first, ahead of those of the parents. In any of the…
Alimony exists to help equalize the financial situation of the two divorcing spouses to an extent. There are two primary reasons why a court would award alimony to one spouse: To help one spouse “get back on their feet” or take steps to improve their earnings capacity in the future. To keep one spouse from having a permanently reduced…
Many divorcing spouses can agree on divorce terms and settle their cases without ever going to court. However, it is not surprising that some couples cannot agree. After all, divorce usually stems from conflict, and spouses might not be willing to compromise. When you cannot reach a decision on one or more issues, your case might need to go…
In the best-case scenario, the judge’s role in your divorce case would be limited to issuing orders and reviewing the terms of a marital settlement agreement. In most cases, divorces will settle out-of-court, and the judge would only need to formalize the solution upon which the two parties have agreed. In some cases, the judge may have to do…
Most divorce cases will end with a settlement agreement. Some couples may need to go to greater lengths than others to negotiate an acceptable solution. They may have difficulty getting on the same page because they do not want to compromise. Mediation is a way of getting help to resolve differences and facilitating discussions between the two spouses. Mediators…
Divorce is one of the most difficult times in anyone’s life. Besides the emotional stress of the breakup of your marriage, you are also dealing with the details of the dissolution of your legal union. The stress is magnified if you and your spouse have disagreements. An experienced attorney can and should handle the legal aspects of your divorce….
Not every divorce must go to trial. It is possible to have an uncontested divorce, where the court grants the divorce filing with no need for a hearing. In uncontested divorces, there are no issues where the parties have failed to reach an agreement. Spouses have the ability to negotiate their own divorce agreement that covers all the major…
Many spouses want to be done with their divorce as soon as possible, so they can turn a new page in their life. Under California law, the process will take time, even when the two spouses are able to agree on all issues. There is a minimum waiting period of six months from the time that you file for…
