When you hire a divorce lawyer, you are hiring him or her to help you get a divorce. What does that mean? Very simply put, at the end of this lengthy process, the court will enter a Judgment of Dissolution that terminates your marriage and resolves all of the issues in your case, such as the division of property, child custody, spousal support, etc.
Your divorce is not final unless and until, a Judgment is entered. Sounds silly, but some people believe they are divorced even without that piece of paper. Some have come to my office after unsuccessful jaunts with lawyers who let their cases drag on for years without obtaining judgments. Below are the necessary steps to obtain a Judgment for the Dissolution of Marriage in California, and the purpose of each step.
STEP ONE: FILING THE PETITION IN CALIFORNIA
Purpose: To get the process started.
California is a “no-fault” state. This means that either spouse may file a divorce without proving someone is at fault (e.g. cheating, physical violence, etc.). Thus, in order to start a divorce, one party simply files a Petition for Dissolution and pays a $320 filing fee.
After the Petition is filed, the spouse who filed it must serve the other side (called the “Respondent”) with the papers in order to provide notice that legal divorce proceedings have been initiated. I highly recommend that prior to serving the divorce papers, you let your spouse know he will be served. We’ve all seen the video footage of the crestfallen face of Kevin Federline, who allegedly discovered via text message that Britney Spears had filed for divorce. Divorce is difficult enough. If there is any room for courtesy, use it.
After the Respondent receives the papers, he or she has thirty days to respond to the Petition by filing a Response and paying another $320 fee. If the Respondent does not file a Response within thirty days, the person who filed the Petition (called the “Petitioner”), may ask the court to enter a default judgment. In the event a default judgment is granted, the Petitioner generally receives everything he or she requested in the Petition for Dissolution (with some exceptions that you must discuss with an attorney).
In California, a Judgment is entered no earlier than six months after the date the Respondent is served the divorce papers. Why six months? This is the waiting period created by the Legislature to encourage reconciliation. It is also a period that allows you to obtain all of the financial information you need before entering into an Marital Settlement Agreement.
After the initial Petition is filed, automatic temporary restraining orders (“ATRO”s) are put in place. The ATROs apply to both the Petitioner and Respondent and provide, among other things, that neither party may take the minor children out of state, cancel or change insurance policies, or transfer, convey, encumber, or conceal property. The purposes of the ATROs are to prevent angry parties from maliciously absconding with the children and spitefully wasting the community assets.
Filing and serving divorce papers is the first step. It is by far not the last step. Stay tuned for Step Two, which will be published here next Wednesday.
Kelly Chang Rickert is a California Certified Family Law Specialist whose family law practice is located in Los Angeles, California. Kelly’s firm Her firm specializes in Divorce and Family Law, and handles all areas of Divorce, Annulment, Spousal Support, Child Support; Modification, Child Custody and Visitation, Prenuptial and Postnuptial Agreements, Adoptions, Property Division; Restraining Orders; and Family Law Mediation. She can be reached at 323/393-5669.
This is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce. Technorati Tags: divorce California CA Petition Dissolution Marriage legal documents file filing Response Complaint Summons Separation service serving serve Starting divorce process divorcing get divorced Kelly Chang Rickert Certified Family Law Specialist Los Angeles women woman law
