South Gate divorce lawyers
There are many different aspects to the decision to get a divorce. People find that doing so means getting past a relationship that isn’t working out. In that sense, getting a divorce can be like having a weight lifted from their shoulders. A marriage that isn’t good is one that can impede a person’s ability to function. People mired in a relationship that makes them unhappy might not do as well as work and may even suffer from all kinds of negative health conditions. When people decide to get a divorce, they are making the choice to get past a relationship that might not have been working in their favor for years. A divorce can solve such problems and allow people to find a relationship that might work better in the long run. It can also help them do other plans such as finding a different place to live and starting a family if they haven’t done so already.
For some people, the idea of divorce is something they’ve been thinking about for a long time. At the same time, many people may not have taken the time to learn what’s involved in a divorce, how long it will take and what is likely to happen in every way once the divorce is over and they are no longer married. While every single divorce is a completely different process, there are certain things that each divorce has in common. It’s helpful to know different terms as they apply and what that means as they happen. South Gate divorce lawyers can sort it all out for everyone who is in process even if they haven’t taken any concrete steps to make it happen.
Any divorce starts with the creation of a petition. This is a legally binding document. As such, it is one that needs to be filled out with great care. The document includes highly specific details that pertain to each person in the marriage right now. It also pertains to any other parties involved such as the couple’s children. This is a chance for the person filing for divorce to explain to the court why she wants a divorce. It’s also a chance for the person to get into other details that should be settled before the divorce is finalized by the couple. In a relatively simply divorce where the parties have only been together for a short while, this part of the petition is often only a few lines long. However, in instances where the couple has been together for a longer period of time, the petition may go on for several pages. It’s not uncommon for the person filing it to indicate exactly what they want done with everything from their dining room furniture to who gets custody of a cat.
After the First Steps
After the creation of this petition, it must be agreed upon by the second person in the marriage. A court official will examine this document carefully. They are looking to see that it has been filled out properly. Court officials also want to make sure that the document can be presented to other person if it has not been already. A court official may send out a summons to the other party to see what kind of response they have to it. The other party to the marriage has the right to respond to this petition within a certain time frame. The spouse can choose to respond and state they are not in agreement with the terms of the petition. They can also choose not to respond. If they decide on the latter course of action, the court assumes they are okay with the terms and fine with having the divorce process continue.
A legal petition through the court system may not resolve all the issues related to the marriage. The two parties may be unable to agree on the right way to work out their child custody arrangements or how to divide their finances. In that case, it is possible to consider an alternative. Mediation with a neutral party can help the couple decide what is going to work best for each person as well as what is allowed under California state divorce laws. If one party wishes to leave for another part of the state or even wishes to leave for another part of the country, mediation can also help settle matters.
In all instances, a divorce is still a highly serious legal matter. All those who are involved in a divorce procedure or thinking about doing so should contact a lawyer. Lawyers can be there to help any party decide what they want to do and how they plan to get it done. They can ensure that any divorce plans are carried out.
Can I ask his lawyer what’s going on if mine won’t respond?
One of the most common types of complaints made against attorneys, including divorce lawyers, is a failure to communicate in an appropriate manner with a client. In fact, complaints regarding lack of proper lawyer communication is second only to those made about attorney fees.
If you find yourself in the middle of a divorce case, and your lawyer is not communicating with you in a manner that you think is appropriate, you certainly wonder what you can and cannot do in that regard. Your immediate reaction may be to reach out to your spouse’s lawyer and ask that attorney for information. As a general rule, if you are represented by legal counsel, your spouse’s attorney cannot communicate with you in any significant manner.
The Code of Professional Responsibility
The conduct of attorneys licensed to practice in all 50 states is governed by what oftentimes is called the Code of Professional Responsibility. The moniker assigned to this code of conduct differs from state to state. However, Code of Professional Responsibility is the common title of the guide.
Pursuant to the terms of the Code of Professional Responsibility, your spouse’s lawyer is prohibited from communicating with you when you are represented by legal counsel. Even if your lawyer has stopped communicating with you, unless you have fired him, or he has quit, and your attorney has withdrawn from your case, with the approval of the court, he is still your legal counsel.
The extent of communication that can occur between you and your spouse’s lawyer in a situation in which your own lawyer is not communicating with you is to advise your spouse’s attorney that you are not in reasonable contact with your lawyer. Opposing counsel is likely to attempt to contact your attorney on his own to determine the state of affairs.
Notify the Court
If you are sincere in maintaining that your divorce lawyer is not maintaining appropriate contact with you, you must take the step of advising the court of your situation. You should advise the court of the state of affairs in writing.
The court will be limited in the manner in which it can communicate with you while you technically are represented by legal counsel. However, to protect your own legal rights and interests, you need to advise the court of any truly problematic situation with your lawyer, including a communication issue.
Seek Alternate Legal Representation
Another step you need to take if you feel your lawyer is not properly communicating with you is to fire your attorney and seek alternate counsel. Keep in mind that the divorce court will need to approve your attorney’s withdrawal from the case. Depending on the facts surrounding your case, and assuming you are not on the eve of a divorce trial, the court is likely to permit you the ability to seek alternate counsel without much of a hassle, at least one time.
The Reasonable Communication Standard
When it comes to communication with your lawyer, you need to understand that an attorney is held to a reasonable standard. In other words, your attorney must maintain reasonable communication, and not highly extensive, communication with you. The communication between lawyer and client must be reasonable to the situation at hand, what any reasonable attorney would do under the same set of circumstances in your case.
What is the official divorce date?
Going through a divorce can be a tough situation for just about anyone. Even if your marriage was bad, you might still be a bit upset about things not working out. If your marriage was generally good but if things went wrong later on, you could be wondering if there is anything that you could have done along the way to make things better.
When you are going through this type of tough life change, getting a sense of closure can be helpful. Then, you can begin healing. For many people, this closure comes when the divorce is final. However, you could be wondering when the actual official divorce date is for your case.
Not only might you need this information for personal reasons so that you can begin the healing process, but you may also need it for other purposes. You may need to list your official divorce date on certain types of paperwork now or in the future, for example. Even though it might seem like something simple, some people have a tough time actually determining when the effective date is. This is because the timeline of a divorce can really stretch out; it might include a long separation period, and then you might deal with court-related matters for weeks, months or longer. This can leave things a little bit fuzzy in regards to when your divorce is actually official. There are actually a few different dates that you will want to keep in mind when determining when, exactly, your marriage ended.
Date of Separation
The date of separation should refer to the date that you and your spouse officially separated. This might have been the date that one or the other of you moved out of the marital home or otherwise “ended things” with the intention of getting a divorce. This date is usually listed on your separation agreement, since you and your spouse might be required to be separated for a certain length of time before you can even petition for a divorce.
Date of Filing
The date of filing for your divorce is the day that either you or your spouse turns in the paperwork for the divorce. It can take a while after this date for your divorce to be finalized, but this is often considered to be the date that you actually decided to get a divorce.
Date of Judgement
At some point, a judge will look over the divorce agreement that you and your spouse have come up with and will approve it or will choose to amend it in some manner. It is generally best for you and your spouse to work out a divorce agreement before you go to court. If things are amicable between the two of you, then you might find that you can work with a mediator for this step. However, most people find that working with a lawyer is a better course of action. The date that the judgement is signed and then filed is an important date in your divorce case, and it’s usually a sign that your divorce will be finalized soon.
Date of Finalization
After everything has been handled with your case and a judge has signed off on your divorce petition and other paperwork, then your divorce will be finalized. For all official intents and purposes, this should be considered the official date of your divorce.
As your divorce case heads through the courts, you might receive notice from your attorney that you’re going to have a settlement conference. You might wonder what this is and how you should prepare. A settlement conference isn’t your trial date, but it’s still an important meeting that can have a large impact on the result in your case.
What’s a settlement conference?
A settlement conference is a chance for the parties and their attorneys to sit face to face and talk about the issues of the case. It forces the parties to discuss the case and try to reach a resolution. A settlement conference is both an opportunity and an obligation to work on resolving the case without a judge conducting a trial.
The settlement conference usually happens in a courthouse. It may occur with the supervision of a judge, or you might just work back and forth with your attorneys. You might all be in the same room, or your attorneys might go back and forth. Your attorneys might also meet with the judge. How it works exactly is up to you, your attorneys and the judge.
Do I have to agree to a settlement at the settlement conference?
Even though a settlement conference is your opportunity to try to reach a resolution with the other side, you don’t have to accept a proposal in your settlement conference. You’re free to reject any offers the other side makes and go to trial. Your attorney can give you honest advice about what the court is likely to decide if your case goes to trial. That can help you make smart decisions about whether you should accept a settlement offer or proceed to a trial.
How do I make the most of my settlement conference?
Since a settlement conference is an opportunity to reach a resolution that’s acceptable to you, it’s important to do everything that you can to make your time worthwhile. The way to make the most of your settlement conference is to arrive fully prepared to talk about the issues of the case. You should work with your attorney before the settlement conference to make a clear picture of the issues in the case.
If the conference is about child custody issues, you should prioritize the issues that are the most important to you. You should know exactly what you want the custody arrangement to be and why. It’s also important to think through the things that are absolutes for you and things where you might be able to compromise. Working with your attorney before your conference date can help you create a plan that’s realistic.
When a settlement conference discusses property issues, you should create a complete list of every item that’s important for you to discuss. Again, it’s helpful to make a list of things you absolutely want to achieve and things that you can negotiate. Your attorney can help you handle the negotiations and form realistic expectations about what the outcome might be if you were to take your case to trial.
In the vast majority of cases, parties are able to reach a resolution before trial. That makes it worth your time to take the settlement conference seriously. If you reach a resolution, you sign it an then proceed to draft final documents. If you don’t resolve the case, it proceeds to trial.