It all begins when one spouse (the petitioner) files a
Petition, which is served on the other spouse (the
Respondent). The date of the service of the petition
to the other spouse is important because it commences the
six month period at the end of which, the divorce may
become final.
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Once the Petition is served, the respondent may file a
response, or alternatively, both spouses may agree to a
Marital Settlement Agreement dividing of their community
property and providing for the custody, visitation and
support of children and/or spouse.
The judge, then, includes the agreement in his final
Judgment, which he signs and makes it a Court order. The
Judge may require that the Petitioner appears in court or
submit an affidavit (without appearing, especially if
both parties sign the judgement).
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If an agreement is not reached early, it can be reached
later in this process. However, after the respondent is
served, he has 30 days to respond, unless the petitioner
allows him more time.
Once the petition and responce are received, the court
may set a date for a court hearing.
Request for Temporary Court Orders
Filing notices of motion or order to show cause (Or) to
obtain a special early hearing for orders for custody and
support and for restraining orders -in addition, seeking
the freezing of community property assets, temporary
support, custody orders and temporary restraining orders,
are very crucial early in the game, for protection of
assets, custody issues and other essential matters. At
these early hearings, the judge will make temporary child
custody, support and restraining orders.
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Prior to the Court hearing, custody and visitation
disputes are referred by the Court for mandatory
counseling at Conciliation Court (if there is one).
Mandatory means that if a party fails to appear, the court
may order fines, sanctions or other adverse orders.
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In the discovery phase of the case, the parties seek to
ascertain the value and extent of the community and
separate property, mainly by filing preliminary
declarations of disclosure.
The Preliminary Declaration of Disclosure is required. It
is a court form in which the parties list their community
and separate property. In addition, the parties are also
required to exchange current income and expense
declarations.
If there is resistance in the full disclosure of assets,
attorneys use interrogatories, depositions, and other forms
of discovery tools to collect the information.
After the discovery is completed and satisfactory
information is collected, the negotiation phase begins.
Typically with letters between the parties who are trying
to reach a settlement on disputed issues. Another way that
happens is by face to face meeting. If an agreement is
reached on a disputed issue, it should be reduced to
writing as a Stipulation and Order.
Then the parties and their attorneys discuss the
settlement of the case. Both spouses may agree to a Marital
Settlement Agreement. The Marital Settlement Agreement is
a contract signed by the parties and their attorneys. The
Marital Settlement Agreement provides for the division of
community property and provides for the custody, visitation
and support of children and/or spouse.
The judge, then, includes the agreement in his final
Judgment, which he signs and makes it a Court order. The
Judge may require that the Petitioner appears in court or
submit an affidavit (without appearing, especially if
both parties sign the judgement).
Trial - occurs when the parties finally do not agree
entirely on all of the issues. There is a pretrial phase,
where pre trial briefs are filed.
Subsequent to the Marital Settlement Agreement, or the end
of the trial, all the court orders are collected in a
Judgement of Dissolution of Marriage document, which is
prepared and filed by an attorney. Each party's attorney,
then, is mailed a copy of the Entry of Judgement.
After trial, the parties may appeal if there are grounds
to do so.
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