• Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
• Incurable insanity.

That sounds pretty simple, doesn’t it? But when you add in the factors of child custody and visitation, child and spousal support (alimony), division of property and other extenuating considerations it can become a very complex and frustrating process. It is important to have the legal advice of a qualified and competent California divorce attorney who can successfully represent and vigorously defend your best interests.

Your attorney can help you prepare and draw up a divorce petition - the legal notification to your spouse that you want a divorce. Your spouse should then meet with their attorney and file a response within thirty days of receiving your divorce petition. Following this initial step a request is filed for a temporary order to address issues like interim child support and custody needs that cannot wait until the divorce is finalized.

What follows next is called a discovery process where the attorneys for both sides submit oral and written presentations to a judge about the current status of the parties’ income, property and assets. You will have to attend this court session and may be called as a witness to testify about the validity of the information. You may even be cross-examined by your spouse’s attorney if further clarification is needed or if there are differences of opinion. Your attorney will help prepare and guide you through the process each step of the way.

If at this point in the divorce process both parties have reached an agreement on issues surrounding the divorce (alimony, property division, child support & custody), one of the party's attorneys will prepare a settlement agreement. This agreement will be submitted to the other party for review and if an agreement is made you will be asked to sign a Marital Settlement Agreement for presentation to the court.

If there is no agreement the judge in the case may recommend mediation in an attempt to resolve the outstanding issues or the case may proceeding directly to trial. At the trial, attorneys for both sides will present their best case for a settlement for consideration by the court. The judge will listen to all of the evidence and then issue a settlement order that addresses all outstanding issues. As both parties are legally obliged to follow any order issued by the court, it is typically in the best interest of both parties to negotiate a divorce settlement between their legal representatives.

After the trial the judge will order the attorneys to prepare a Judgment of Dissolution of Marriage that contains all of the court’s orders. This judgment is then filed with the court and the court mails a Notice of Entry of Judgment to each attorney to complete the process.

Unfortunately, even after a divorce has been finalized, there are often issues that arise that require continued negotiation by both parties. For example, changes in circumstances may necessitate adjustments to alimony agreements, child custody and support orders, or other ties that still legally bind the parties. Contact our experienced California divorce lawyers today, and we can help protect your interests in both the short and long term.

Please contact us online or call us at 1-800-221-9847.

Related Information
Annulments
Community Property in California
Separate Property
Property Settlements
Pre-marital Agreements (Pre-nuptial)
Post-marital Agreements (Post-nuptial)