Monterey Divorce and Dissolution Attorney — Salinas Child Custody Lawyer
The California Divorce and Dissolution Process
In California, the divorce process is called a "dissolution of marriage" action. In a dissolution of marriage action, a judgment is eventually entered with the court returning the parties to the status of unmarried persons, outlining each party's rights and responsibilities relating to the division of community property and debt, spousal support (alimony), and child custody, visitation, and child support, if applicable.
The dissolution of marriage proceeding begins when either spouse files a "Petition" with the Superior Court of the State of California. The person who first initiates the proceeding by filing a petition is called the "petitioner," and the other spouse is called the "respondent."
A spouse may file a petition for dissolution of marriage in California if one spouse has been a resident of the State of California for six months and a resident of the county in which the petition is filed for three consecutive months prior to filing. After the Petition and other initial documents are filed, the respondent must be served with the documents. After the respondent has been served, he or she has 30 days to respond by filing a Response. If the respondent does not file a response, the case may proceed by "default," without the respondent's participation. This is called an "uncontested dissolution of marriage."
If the case proceeds by default, the petitioner presents a declaration and judgment to the court requesting court orders on such issues as child custody, visitation, spousal support (alimony), and property division. In a default situation, if the parties agree to all issues, an agreement signed by both parties may be presented to the court for incorporation into the judgment.
In California, a judgment of dissolution may not be obtained for at least six months and one day from the date the respondent is served with the Petition. However, the divorce does not become final unless all appropriate documents are filed with the court and the final judgment is signed by a judicial officer.
If the respondent files a response to the petition, the cases is a "contested" case. The parties may eventually appear in court to resolve their issues or reach an agreement settling their issues which is filed with the judgment.
Prior to the final judgment, while an action is pending, either party may request temporary orders from the court relating to child custody, visitation, child and spousal support, and temporary exclusive possession of marital property. This request is done by filing an Order to Show Cause with the court and the request for orders set for a hearing. At the hearing, the court may make temporary orders pending trial or settlement of the case.
Before a judgment is filed in a contested action for dissolution of marriage, California law requires that the parties disclose to each other all information regarding property, income and debt.
When all issues related to the marriage such as child custody, child visitation, child support, spousal support, and property division are resolved, either by trial or agreement of the parties, the judgment may be entered.
The time from filing a petition to the completion of the divorce process varies from case to case depending on the complexity of the issues and the willingness of both parties to reach agreements.
At the Law Office of Barbara J. May, we can represent you in contested and uncontested dissolution of marriage cases. We can help you in resolving issues with your spouse, or we can aggressively represent you in a contested action to obtain the result you deserve. We can help you evaluate your case and advise you on the best route to take to achieve your individual goals. Contact us to speak to one of our attorneys.
