The only way to get a divorce is through a trial or a settlement. Obtaining a divorce can be a relatively straightforward process for a couple if it is amicable. Uncontested divorce is easier to complete than contested divorces.
A divorce case is often very complicated if spouses do not know what to do. When it comes to dividing your assets and sharing parental responsibility you must understand these basic rules to start dividing a marriage properly. A divorce case must be handled with care from the beginning to the end.
Let me list the steps that spouses may do in order to terminate their marriage, starting with a trial separation to filing for divorce to having a judge approve the final judgment. This can be a complicated legal process with landmines such as child abuse, child visitation, waiting period and separate property disputes.
One spouse must file a petition with the court requesting a legal separation or a dissolution of the marriage. The filing spouse should provide: Residency requirement depends on location. California requires one spouse to live in the state for six month and three months in the county where they file a petition. In the petition, the filing spouse can also ask for division of property, custody order, child support, spousal support and attorney’s fees.
Spouses file for divorce through the court. At least one spouse must be the petitioner. The other spouse is called a respondent. The filing spouse then must personally serve the other spouse with the filed petition for divorce. Avoiding the service of process won’t stop the separation from the spouse. In California there is a “cooling off” period of six months. This means the spouses cannot be officially divorced until at least six months after the service of the petition for divorce.
Courts recognize it isn’t possible to wait months for judges to approve a divorce in all circumstances. If you divorce, you have an opportunity to ask a judge to grant you an order of custody, child support, spousal support and attorney fees. Generally a temporary order is issued by the judge at hearings. In typical situations, the judge quickly gives the temporary order which is valid until the next court hearing. The temporary orders can help the spouses maintain a household and routines for the children, and help with funds to pay for ongoing expenses while the divorce is pending.
The filing of the petition also starts the Automatic Restraining Orders (“ATROS”). The ATROS prevent a spouse from removing children from the state, hide assets or removing and changing insurance beneficiaries. Both spouses in a divorce must comply with the ATROS or face serious consequences.
A couple exchanges information regarding their disputed property or income during the divorce process. This process is mandatory and is called the exchanges of financial disclosures in California. With the financial information provided, the couple and the court can decide the division of property and what should be done with certain assets or debts in a divorce. During this process, attorneys can advise the spouses on where an asset is separate or community property. Property division can be the most important part of some divorces.
A temporary hearing can occur in many cases if a divorce application is made, and after a spouse files for a temporary order. The problem is particularly prevalent in states where it can take months or years to get divorced. The court can discuss disputed urgent matters in the case, which cannot wait until the court finishes the divorce. It may be that both you and your spouse will be in court to argue on the orders at issue.
Sometimes couples are willing to resolve some issues by mediation. This is a cheaper and faster way to get divorced instead of going to court. The divorce is discussed and negotiated between a mediator, a neutral third party, and the spouses. The conciliation sessions are also known as settlement conferences. The settlement agreement will then be provided to the judge for approval. Judges will then ask a number of facts to determine if the parties are comfortable signing. This is also called a collaborative divorce.
The court may approve a divorce if both spouses agree to the terms. Once the court approved and signed the settlement agreement, this becomes the divorce decree or judgment. The divorce will be brought into trial if disputes or disagreements are not settled through mediation or settlement conferences.
From the first filing period of a divorce petition to finalization, the judge must wait at least six months to sign a final divorce decree. These wait days are just a minimum period of time. In some cases divorces could take longer. According to the survey, 35% say divorce has taken over a year. The factors that affect the length of time of the divorce are the following: disputes, issues, difficulties and costs. Issues like domestic violence or financial support can extend the length of the case.
Often negotiation fails in spite of both parties trying to reach a successful solution. If any dispute continues after mediation, the parties have to set the case for a trial. Divorce cases are costly and long-awaited. The judge takes away all power from the parties over the marriage and makes decisions for the spouses and their children. Negotiations and mediation are effective for maintaining control of a couple and this will lead to predictable results that cannot occur in litigation, therefore avoid a trial.
Once the trial completes, upon review, the judge signs off on the divorce judgment for the spouses.
In California, divorces are mostly requested based on “irreconcilable differences.” This means no spouse is at fault and no trial is necessary to show fault, such as infidelity. There’s no claim by either party to justify divorce. In other states, a no-fault divorce can be obtained if your partner refuses to divorce. In other states, there may also be reasons divorce can be based on abuse, abandonment or sexual misconduct.
Generally if the spouses fight over custody, the court will make a custody and parenting plan based on the “best interest of the child” standard. This California requirement considers the whole picture including the child’s health, safety and welfare. The court also considers each party’s availability and work schedule in order to fashion a correct parenting plan.
Courts craft custody orders in the child’s interest, and to ensure that the child has both parents’ involvement. In some cases a court has a right to grant grandparents visitation rights. The parents generally share decision making power on important decisions like religion and education and non-emergency medical treatment.
California courts want both parents to have frequent and regular access to the child, unless it can be shown that there are issues with addiction, abuse, neglect with one or both parents. In those cases, the court may order supervised visits to the parents in order to protect the child.
Although you can learn about the divorce process step by step, completing any legal requirements can still be a challenge. A skilled divorce lawyer can help you navigate every phase of the divorce process. Your lawyers will explain the divorce rules and procedures, file the appropriate documents promptly, negotiate the right settlements and maximize the likelihood you get the orders desired. You should consult an experienced family law attorney for your divorce if you are planning to end your marriage to ensure the best possible outcome.
Comments
No Responses to “What you need to know to before a divorce, including the requirements for divorce and alternatives to battling it out in court”
No comments yet.