The California Divorce Process
Divorce Lawyers in Los Angeles
When you and your spouse are considering divorce, it is important that
you take the time to make yourself aware of your legal rights and how
the process works. At
Claery & Hammond, LLP our
family attorneys are dedicated to providing you with the legal counsel and representation
that you need to make sure that this transitional period in your life
goes as smoothly as possible. Though divorce can often be a highly contested
and emotional situation, our attorney will always work in a solution-oriented
manner in order to help protect you and your family.
Grounds for Divorce in California
In the state of California, the grounds for marriage dissolution include
- Irreconcilable differences
- Incurable insanity
As to how long the divorce process takes, note that there are minimum residency
requirements. In other words, you must have been a resident of the state
of California for 189 days or 6 months in order to file divorce in California.
How to File for Divorce in California
First, you must
file a divorce petition and then serve your spouse with this petition. After this occurs, the spouse who has been served ("Respondent")
has 30 days in which to respond to the petition (this is called a "Response").
If you are the individual who has been served and you fail to respond,
the divorce case can go on without your presence or participation. If
this were to occur, the original petitioner would then request court orders
custody, support (both
property division and other aspects of the divorce. There is then a waiting period of six
months and one day after the Respondent was originally served.
If, however, the Respondent does file a response in the appropriate time
period, then you and your spouses will
exchange information about property, income and other relevant information. This is referred to as "Discovery."
After this point, you can either
resolve your agreements together or with the help of attorneys, or one or both spouses can request that the case go before the court
to order certain things before the trial by filing an Order to Show Cause.
In this case, each or you will appear in court to discuss your "side"
of the issue. Usually cases go to court over child custody, spousal support,
domestic violence issues (restraining orders), and even attorney's fees.
After Discovery, you and your spouse will be encouraged to
settle any matters you can outside of court during a Marital Settlement
Then, if all issues are not settled and it is still necessary to get court
orders for some or all aspects of the divorce,
a trial date is set.
At the trial,
your attorney will present your case and any evidence relating to the case in order to help ensure that you receive the outcome that you desire.
After hearing both sides,
the court will make a judgment.
What if something needs to change after the divorce has been finalized?
As far as finalizing a divorce in California, if circumstances change and
the original divorce order is no longer suitable to your life, you can
seek a new order by filing for a post-judgment modification. The court
may grant a modification to child custody or
visitation, child support, or spousal support because of such circumstances as the
loss of a job, changes in the child's needs, or a serious illness.
If you would like to know if your situation qualifies for a modification,
it is important to speak with a
knowledgeable attorney at our firm.
Call Claery & Hammond, LLP at (310) 817-6904!
Founding partner and attorney.
Lance Claery. has years of experience representing clients during divorce proceedings
in Southern California. Our firm understands that this is a difficult
time for you and your loved ones, and we believe you deserve attentive
and effective legal counsel. We would be proud to guide you through the
divorce process, and you can be confident that you will receive aggressive
advocacy before the courts.
Contact a Los Angeles Divorce Attorney at Claery & Hammond, LLP today or fill out a
free case evaluation form!