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We offer a host of solutions for small
businesses and families when confronted with
troublesome legal issues. Here are some
frequently asked questions and our answers
regarding the practice areas where we focus our
expertise.
Divorce, Custody
and Child Support
What happens when a couple decides
to divorce?
In a mediated divorce, the
parties sit down at a conference table,
discuss all issues related to their
divorce and settle them all in a marital
settlement agreement that is then
drafted and entered in to the court.
This is the most efficient method of
dealing with a very complicated process
and is highly desirable in the face of
an alternative like a contested divorce.
In a contested divorce, the parties
appeal to the court for critical
decisions. The procedural aspects
of a contested divorce can be divided in
to two parts: The first half of a
divorce where temporary orders are made
during the waiting period and the second
half where a final order is made.
There are several considerations
when a party to a divorce files a
petition and commences the "first part".
First, a summons with automatic
restraining orders must issue and be
served on the other party. The
restraining orders apply to disposing of
real and personal property, they may
also apply in situations where domestic
violence is a part of the case.
There is a minimum 6 month "waiting
period" for a divorce in California.
During this period, one of the parties will
typically want to
make temporary orders pending the final
judgment in the divorce. These
temporary orders may contain specific
protections for property or establish
who is liable for different debts of the
couple while one or the other inhabits
the family residence. Also,
temporary child support and custody are
determined pending the final judgment.
These orders come from an order to show
cause hearing where a judge listens to
the relevant parties, makes appropriate
calculations and determines how the
parties will live during the first part
of there separate lives.
After all relevant evidence has been
produced for a judge's consideration or
the parties have decided to settle their
case, a final judgment of dissolution
can be entered and the process is over.
No matter what you read or see painted
on the sides of cars, there is no such
thing as a "fast divorce" in California
unless, in your opinion, 6 months is "fast"
and very rarely is a divorce concluded
in such a time frame.
After temporary orders are established,
the parties prepare for the trial of
contested issues and hopefully settle
issues that can be settled. Child
support and spousal support are
determined by reference to a computer
calculation and usually remain in effect
except for cases where the parties
income is substantially at issue.
Child custody issues, such as in the
case of a "move away", are prepared for
trial. Property division is also
negotiated and contested during this
period leading up to a court date where
the court resolves all remaining issues.
Feel free to Contact Us and see if we can help
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