Divorce

The decision to terminate a marriage is not always an easy decision to make. Since a dissolution (divorce) can have serious personal, emotional, financial and tax implications, consideration should first be given to any viable alternatives. Some alternatives include:

Adjusting your expectations concerning marriage and/or your spouse
Professional counseling
Trial or legal separation

The process of dissolution involves:

Commencing the process by filing a petition with the court (this gives the court jurisdiction to hear your matter)
Serving the other spouse with the petition (this gives the court jurisdiction over your spouse)
Complying with the Family Code requirements to disclose assets and debts
Resolving issues through negotiation & settlement or with court assistance: Dividing the assets and debts, determining custody and support of minor children and determining whether temporary or permanent spousal support is needed
Dissolving the status of the marriage so that re-marriage may be possible

California requires that a minimum of six months elapse from the time a Petition for Dissolution has been served on the other spouse until a final judgment can be entered. If a pending divorce involves contested issues (parties are in disagreement) then it may take longer to obtain final orders as to property distribution and support. Regardless of whether contested issues exist, the status of the parties' marriage can be ended after the statutory six months has elapsed. However, the status of a marriage does not change automatically after the six month waiting time has run. Rather, particular paperwork must be done to accomplish the dissolving of the marital status. At that time, re-marriage is possible even though there are other issues which still need to be resolved.

With the California court system being impacted so greatly with budget cuts, it is not frequently possible to finalize an entire divorce within six months. Typically parties should have an expectation of their divorce action taking a year to a year and a half. Although there are some that finalize sooner and many that take even longer, depending upon the issues involved and the litigiousness of the parties.

For a free 30-minute consultation, please email us or call (949) 252-9321 or (949) 713-3817.

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