Divorce

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

Altering 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. At that time, re-marriage is possible even though there are other issues which still need to be resolved.

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

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