Pomona divorce lawyers

Posted By Aaron Denton, On August 26, 2020
The Divorce Process in California
Couples who want to get a divorce in California soon discover it is a complicated experience consisting of many forms, procedures, and rules. It is part of the legal world where a person new to it can get lost and confused. Learning about the steps involved with a California divorce can make things easier.

Any couple considering divorce should be aware of its lifetime consequences. It is a time to determine if a divorce is the best answer for their situation. Will it resolve any problems? The couple must be willing to accept all the unpleasant side effects associated with getting a divorce, and more.

Meet with Attorney
It can be very beneficial to meet with an attorney about a divorce. They can help a person considering divorce know their rights and obligations. Any decisions made at the beginning of the divorce process will influence the entire case and its outcome. People should know as much as possible about what is involved with a divorce before starting the process.

Only Takes One Spouse
In California, it only takes one spouse to file for a divorce. Once all the papers are filed, the person petitioning for the divorce is making a legal statement that they want a divorce. Even if the other spouse does not agree, the Petitioner still will be able to seek and be granted a divorce.

Divorce Forms
Once a couple has decided to divorce, they must establish they are both residents of California and the county where they are going to start the divorce process. Many standard forms will need to be completed and filed with the local court. All divorces in California begin with Petition form FL-100 and Summons form FL-110. Should there be children involved, a couple will have to file a declaration. This is used to identify where their children have resided during the previous five years. It is form UCCJEA FL-105. A couple will also be required to pay divorce filing fees. This is also known as a first appearance fee. Individuals on disability or state aid may qualify for a waiver of these fees.

Filing Divorce Papers
Once all the forms are complete, they will need to be filed with the family law clerk’s office at the local courthouse. It is important to know that most courthouses are not always open during normal business hours. Individuals are advised to learn the times they are open and their location before going to file their divorce papers.

Serving Divorce Papers
When the paperwork, including the Summons, Petition, and UCCJEA if necessary, have been filed, the next step is to serve the other spouse with the documents. This paperwork must be properly served before the divorce process can continue. It should be done as soon as possible after filing divorce papers. A spouse can serve these papers or use the services of a licensed process server as well as local sheriff. Adult relatives and friends of legal age can also serve divorce papers. The other side must also be given documents for them to respond called FL9-120. If a UCCJEA was filed, a blank copy needs to be provided. The spouse who is served will have 30 calendar days to file a response form. This is FL0-120. Proof must be filed with the Court that a spouse has been served. Many forms will accomplish this, but FL-335 is the one most commonly utilized.

Responding to a filing of a divorce doesn’t mean the spouse agrees with it. This only makes it possible for the other spouse to have a judge hear their side of the story. This is a way they can protect their legal rights.

Once all the paperwork has been filed with the court, the couple will be provided a date and time for their hearing. At the hearing, a judge will decide on issues concerning the case. This could involve spousal support, property division, child support, and more. A couple could be asked to provide additional information. A judge will provide oral orders. The issues involved may require the couple to complete several additional forms. A couple is required to obey what they are ordered to do by the judge. Should this not be done, the offending spouse could be fined, given community service, or possibly jail time.

Divorce Settlement
In some cases, a divorce settlement can be reached quickly. In more complicated situations, it can take a long time. There are many advantages to settling a divorce case as early as possible. Doing this without the involvement of a judge will give a couple more control over their future. They are the ones who will have to live with the settlement. Some judges may provide their input if requested.

An experienced attorney knows that every divorce is unique. Each will require certain types of forms, filings, and motions to achieve a goal in a divorce. An attorney will know this is a difficult time for a couple. They will be able to help make a challenging time easier. An attorney will know how to handle a divorce so their client has the best possible life going forward from it.