The Divorce Process in California
The summons and the petition for dissolution ...
The Divorce Process in California
The summons and the petition for dissolution of marriage set the tone for the rest of the divorce. There are less confrontational options than to have these documents delivered to your spouse by a sheriff or process-server. − Barstow family law attorney Sharon J Brunner
Step 1. Gather Information
Once you choose a lawyer, the divorce process in California begins with gathering information such as names of the parties, birthdates and addresses, along with detailed financial information.
To obtain full and accurate information, your lawyer will need to scrutinize tax returns and pay stubs, bank statements and retirement plan accounts such as 401(k) plans. If there is an allegation that a spouse is unemployed or underemployed voluntarily, your lawyer will also review earnings history. If your spouse is self-employed, business income and expenses will need to be reviewed. For liabilities, all credit card statements, loans and other debts will need to be scrutinized and evaluated.
This step will create a preliminary balance sheet to have an understanding of the marital estate as a whole. Discovery may be necessary to force the other side to produce information and documents.
Step 2. Initiate the Divorce
To initiate a divorce, two documents will be prepared:
Summons. This is a formal notification of legal action. It provides a time for the other party to respond and a basic restraining order that prevents both parties from disposing of assets, changing insurance or disrupting the status quo.
Petition for dissolution of marriage. The petition is specific to your circumstances. It notifies the other party of issues such as marital property division, child custody, child support and spousal maintenance. This document includes a recognition that the parties have lived in California long enough to divorce in this state. The petition will state that the reason for divorce is an irretrievable breakdown in the marriage relationship. Since California is a no-fault state, that is all you have to say. The petition ends with a prayer for relief from the court.
Attorney Sharon J Brunner will seek temporary relief for child custody and visitation, child support, monthly finances, spousal maintenance and, if appropriate, attorney's fees while your divorce is in process.
Step 3. Marital Termination Agreement (Divorce)
In California, your divorce will be concluded by a document known as a Marital Termination Agreement. You and your spouse, with the assistance of your respective attorneys, will try to come to an agreement on issues such as marital property division, child custody and visitation, child support and spousal maintenance. If you and your spouse are unable to agree, a court will make a decision as to how the divorce terms are defined. That generally involves a trial.
Free Consultation With Divorce Law Attorney Sharon J Brunner
Give your divorce the careful attention it deserves. Call Victorville lawyer Sharon J Brunner at 760.946.7115 or fill out our simple contact form for a free initial consultation. The lawyer serves clients throughout the san bernardino area, including Victorville, Apple Valley, Hespria, Big bear, Barstow, Phelan, Oak hills. and devore
This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.