California Family Law and Divorce Litigation
Whether you are choosing a legal separation or a divorce, there are three main decisions to be made:
- How will the marital assets be divided between the parties, and who will live in the home?
- If you have children, how will you manage to co-parent them? This includes questions about where they will live, how much time they will spend with each parent, and how decisions will be made about their upbringing, religion, education, medical care, international travel, and other issues.
- How much ongoing financial support-child support or spousal support-will either spouse receive from the other?
You and your former spouse may be in agreement about each of these from the very beginning, or you may need help from a lawyer, a mediator, or a judge before an agreement is reached. In the end, a decision must be reached on each issue.
Filing Divorce Papers in California
The first step in the divorce process is filing paperwork. This includes a Summons and Petition for Dissolution of Marriage and a Declaration of Income and Expenses. If you were served with papers, your first step will be to file a Response to the Petition. It takes at least six months after you file the petition to finalize your divorce.
The Initial Hearing
The first hearing usually occurs within 30 days of the initial filing. The purpose of this hearing is to ensure that children have financial support and stability, and to each spouse has sufficient resources to continue living independently. The court will not be taking testimony from the couple at this time.
Either party may ask the court for "relief" (an order to show cause) in terms of financial support, use of the residence, child custody, and restraining orders if there have been problems with domestic violence. These issues will be preliminarily decided at the first hearing.
If there is disagreement about child custody, both parents will need to attend mediation with Family Court Services (FCS) in conciliation court. The recommendation of the FCS counselor will be reviewed by the court at the initial hearing.
Gathering Information and Negotiations
At this stage, the parties and their attorneys will gather information about assets, income, and debts, each spouse's earning ability, and how the parents will divide child custody and support. It is also at this stage that couples can work together to reach a marital settlement agreement, which can be incorporated into the court's final judgment.
You can reach a settlement agreement either through negotiations between the attorneys. If a settlement agreement is achieved and signed by both parties and their attorneys, it can be filed with the Superior Court in the form of a binding court order. Alternatively, the issues can be taken to court for a judge to decide.
Divorce Court and Final Judgment
If you and your former partner have come to agreement, this stage is as simple as the formal signing of your agreement by a judge.
If you have not been able to reach agreement on the issues, you will be going to trial. This can take 8 months or more. It will involve a mandatory settlement conference ("MSC") before the court will order a trial.
These are the typical stages you can expect to go through on your way to having your divorce granted. The speed at which we can accomplish your divorce will depend upon whether you and your former spouse can agree on the important issues. In a litigated divorce, I represent you in all negotiations, settlements, and in court.
Resolving Legal Problems
Contact me to schedule a free initial consultation. Learn more about how I can help you as you move forward with your life. I have two office locations for your convenience. My office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m., with evening and Saturday hours by appointment. I accept credit cards.
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Law Offices of Meg Razi
Telephone: (310) 457-0057
Fax: (310) 652-6849
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Southern California divorce and family law attorney and mediator Meg Razi provides litigation and mediation services to clients throughout Ventura County and Los Angeles County, California, in communities such as Westlake Village, Beverly Hills, Cheviot Hills, West L.A., Thousand Oaks, Sherman Oaks, Tarzana, Reseda, Woodland Hills, Calabasas, Agoura, Encino, Santa Monica, Simi Valley, Camarillo, West Hills, Van Nuys, Studio City, and Oxnard, and all other county locations.