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California Divorce Procedures
In this state, when the judgment is passed, the orders regarding attorney fees and distribution of property can never be altered. However, some other orders like spousal support, visitation, child custody and child support can be changed.
California Divorce Procedure in sequence
- The divorce procedure begins when any one divorcing partner files a Petition. This person is called as the Petitioner.
- The other divorcing partner is known as the Respondent. The divorce petition is served to the Respondent.
- From the date of service of the divorce petition, the Respondent is allotted 30 days for filing a Response
- If the Response is submitted in the court, this means that the Respondent is desirous of taking active part in the divorce proceedings
- If the Response is not forwarded to the court, the court continues the case in the absence of the Respondent. In this case, it is the responsibility of the Petitioner to draft a judgment and forward it to the court. Moreover, the Petitioner requests orders regarding distribution of property, attorney fees, spousal support, child support, visitation and child custody. From the date on which the Respondent was served, there is a waiting period of 6 months and 1 day. On completion of this waiting period, the divorce is finalized.
- In case the Respondent files a Response, the next step is of Discovery. Discovery can be in the form of written questions or in person (deposition). The divorcing partners offer each other documents and pertinent data regarding their incomes and property.
- A situation may arise that one or both divorcing partners might feel the necessity of temporary orders prior to trial. If this is the case, then the divorcing partner needs to file an Order to Show Cause. Generally, the request is concerning domestic violence restraining order, attorney fees, spousal support, child support, child visitation and child custody.
- Regarding the previous point, the partner has to remain present in court and throw light on his or her condition. Depending on the proof displayed in court, the court issues essential orders.
- Once the discovery phase is over, the next step is of trial
- Generally, the court plans a Mandatory Settlement Conference prior to trial. The intention of doing so is that the divorcing partners should be accompanied by their lawyers for this Conference and all these individuals must try to settle as many topics as possible prior to the trial.
- If the divorcing partners are successful in solving all the issues, then a Marital Settlement Agreement is prepared and a judgment is drafted. In this case also, there is a waiting period of 6 months and 1 day after the date of service of the divorce petition for the divorce to be finalized.
- When the divorcing partners cannot solve their issues in the Conference, then the trial begins
- The trial is marked by arguments and presenting evidence. After viewing all these, the Judge issues orders regarding all issues in conflict. Depending on these orders, the judgment is prepared.
- After the judgment is drafted, the divorce lawyers approve it and then forward it to the court
- Two conditions must be satisfied for the divorce to become final
- The Judge must sign the judgment
- The 6 month waiting period must pass by
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