Step 4: Serve The Initial Documents After the documents have been filed with the court, they must be properly served on the opposing party. Step 6: Financial Disclosure It is the policy of the State of California to insure a proper division of community property and to further insure that child and spousal support awards will be fair and equitable.
We'll prepare the financial disclosures for you and carefully review the disclosures coming from the other party. However, if you are your spouse are going to settle the case by way of agreement, we will prepare an agreement which resolves all of the issues in your case. Generally these issues include:. The Judgment dissolves the marriage and is a court order which resolves the issues between the parties such as child custody and visitation, child support, spousal support, property division, debt division, and the payment of attorney fees and costs. Failure to properly serve notice of any order enforceable by contempt on the other party may make it impossible for you to bring a contempt action later to enforce it.
This document is received by the court but not filed in the court file.
It is sent to the State. If your case is contested by the other party, depending on the issues involved and the complexity of the case, the following additional steps may need to be taken:. Motions For Preliminary Orders: You may not be able to wait until the end of the case - a process which takes a minimum of 6 months - to obtain certain orders.
In such cases, it may be necessary to file an Order To Show Cause "OSC" to obtain temporary orders to remain in place until the final Judgment is entered. Such orders includer:. Discovery: "Discovery" is the process by which evidence is gathered by both sides to present to the court at the trial of the matter.
Discovery may or may not include:. Law Library. Kinsey Law Offices. Eugene E. Seal Beach, CA This may be the case where the Respondent initially defaults or where the Respondent files a Response and the parties later decide to settle. Procedural Overview For Default Or Uncontested Divorces: If your divorce is either uncontested or default matter, the following 12 steps must be taken to obtain your California divorce. Such orders includer: Child custody, visitation, and support orders Spousal support orders Property possession orders Payment of attorney fees and costs Restraining orders against domestic violence Move-out orders Discovery: "Discovery" is the process by which evidence is gathered by both sides to present to the court at the trial of the matter.
A divorce may take longer than six months, depending on the complexity of issues in the divorce and how much you and your spouse can agree on the terms. According to a study by Martindale Nolo Research, the average divorce takes 15 months to complete with divorce attorneys.
Whether you have children with your spouse affects this timing: about 12 months if no children and about 18 months if children are involved.
If you and your spouse agree on most issues, the details of your divorce could be settled relatively quickly. For example, an online service for uncontested divorces can help a couple come to a resolution in as little as a month. By law, however, it takes six months before the marriage is legally ended.
Online divorce services are for couples who can work together on divorce terms and who agree on most issues. To use one, you need to:. Once you purchase a plan with your online divorce service, you will be given the relevant divorce forms for your county. Online divorce services like Wevorce and MyDivorcePapers make it easy to quickly get the divorce process rolling. You will also be given instructions on how to file the documents with your local court.
Rest assured that your online divorce service will guide you from the beginning to the end of the process, when you can move on to healing. As long as either of you has lived in the state for the previous six months, you meet the state residency requirement to be divorced in California. You or your spouse just need to be living in a county for three months before the divorce is filed in that county. In this case, you can file for divorce in Marin County, or your spouse can file in Napa County. However, you first need to make an exhaustive good-faith effort to locate your spouse.
For example, you might check telephone listings, use private investigators or look through property records. This means you publish a divorce summons in a newspaper.
Access the forms you will need and resources where you can get help. Get step by step instructions on filing your divorce or legal separation case, with links to. Basics of Divorce, Legal Separation, and Annulment Summary dissolutions are a simpler way to get divorced for married couples and registered domestic.
Your divorce will be finalized six months after you first published the divorce summons. Your spouse cannot stop you from getting a divorce.
If your spouse chooses not to work with you on the divorce, you will receive a default judgment — basically, the divorce will be completed along the terms you set. If your income is above that threshold, you may still qualify for a fee waiver based on your income, money and property holdings and monthly expenses and deductions.
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