The Divorce Process
When people get divorced, they often wonder how the process works and what to expect with they start their case. There are a few essential steps that every case, whether mediated or litigated, will have to go through before it is over:
Petition/Response.
The Petition starts the divorce - it let’s the court know that you would like to end your marriage and how you would like to do it. The Response is how the other party starts their involvement in the case and describes what they would like to see happen.
Declarations of Disclosure.
The California Family Code (the laws that govern marriage, divorce, and parenting) section 2104 requires that both parties to a divorce prepare and exchange a long list of information regarding your income, expenses, assets, and debts. These are prepared using forms provided by the Judicial Council, including FL-140, the Declaration of Disclosure, FL-142, the Schedule of Assets and Debts, and FL-150, the Income and Expense Declaration. Attach supporting documents to make the process easier down the road.
Temporary Orders.
There is a six-month waiting period to get divorced in California. During that time, you’ll want to know which bills each party will pay, who will take care of the kids and when, who will live in the house, and what support will be paid, if any, while waiting for a final judgment. You can litigate these issues, meaning you ask a judge to make a decision for you, or you can stipulate to an agreement that you develop yourselves or with a mediator.
Final Judgment.
The Judgment is the final resolution of your marriage; it lays out how property will be divided, who pays what debts, how support will be paid (if at all), and how child custody will be conducted (if applicable). The earliest time you can get a Judgment is six months after the Petition is filed due to California’s mandatory six-month waiting period. The Judgment is usually non-modifiable with respect to property division and assignment of debts but can be made modifiable with respect to support and child custody.
Mediation offers the fastest, most cost effective, and simplest route to judgment. Cordial Family Lawyers can help you with each of these steps, whether you mediate or litigate. Contact us to get started info@cordiallaw.com