How does it work and where do I start?
Through the courts, once one party initiates the divorce process by filing a Petition for Dissolution with the court clerk in the county where the Petitioner resides, a Summons is issued and the Petitioner arranges for the Summons and Petition to be served on the responding spouse, who has thirty days to file and serve a Response. Motions for orders to be effective during the divorce proceeding may be filed in the beginning or at any time until judgment is entered. These temporary orders usually involve custody, support, and community property control until final orders at judgment come into effect. The law requires an exchange of complete financial disclosures before judgment is entered and the exchange of these documents occurs after service of the Petition and Response. Once the disclosures are complete, settlement negotiations can lead to an agreement which is filed with the court for judicial signature (an uncontested divorce) or if the parties are unable to agree, the unresolved disputes may be brought to the court for resolution at hearings or at trial where the judge will hear each parties’ side and make a decision for them. California law requires six months to pass between the beginning of the divorce action and final judgment. Most divorce actions take longer.
Parties can choose to handle dissolution of their marriage through mediation or collaboration and if so, they will cooperate to decide how the court process will be integrated into their divorce. A consultation to discuss options can help you decide the best way to proceed in the light of your circumstances. Call (530) 477 7172 or contact us to set up a consultation appointment.
Who can help me through the process?
In every form of divorce, whether parties reach agreement by themselves, mediate, collaborate, or litigate their differences, the same groups of helping professionals are found but play different roles depending upon the divorce model chosen.
• Attorney
When the court’s help is necessary for resolution, an attorney helps you initiate your case and follow through to assure that your rights are protected. A family lawyer will listen, plan and strategize with you, negotiate on your behalf, advise you how the law will likely apply in your situation, and be your advocate.
• Mediator
A mediator facilitates resolution of property, custody and support issues in a confidential setting. Success means a completed divorce or separation without court and a better post-separation relationship. You control the cost, timing, and outcome.
• Legal Document Assistant
A legal document assistant prepares and files you required documents, saving you time and money. Divorce coaching services help you understand the process and decide what you want, while providing you with referrals and support.
• Financial Planning and Tax Assistance Professionals
Divorcing individuals are often faced with new and sometimes daunting challenges in separating and maintaining financial assets and developing strategies for long-range success in building, protecting, and passing on assets.
• Mental Health Professionals
Psychological services provide a safe, therapeutic environment to process, receive support, and work through the complex emotional and psychological issues related to divorce and separation in order for you to transition to an emotionally healthy future.
• Career Development Coaches
Career decision making, normally difficult, can seem overwhelming during divorce. A supportive career professional provides comprehensive assessment, counseling, planning, and coaching to assist you in finding the shortest path to success.
