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Learn more about the divorce process in California in this presentation.
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In order to file for divorce in California, one of the parties to the divorce must have been a resident of the State of California for at least six months prior to the filing
of the Petition for Divorce and a resident of the county where the Petition is filed
for three months prior to filing
California is a “no-fault” divorce state
This means that you are not required to prove that your
spouse did anything wrong to be granted a divorce
If you have not met the legal residency requirements to file for a dissolution, you can immediately file for a legal separation and then convert it to a dissolution when you do meet the necessary residency requirements
To begin the divorce process, one spouse must file a Petition for
Divorce along with a Summons
If there are minor children from the marriage, a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
form must also be filed
Respondent has 30 days to file a formal Answer with the court or risk
a default judgment being entered
Unless the parties reach an early agreement in the divorce,
the parties will then move on to the discovery stage
During the discovery stage, both sides will seek information
relevant to the divorce from the opposing party
Requests for Interrogatories, Requests for Production of Documents,
and Depositions might be filed or scheduled
Court may also appoint a guardian ad litem to determine what is in the best interest
of the children
Homes studies might also be ordered along with psychological evaluations and/or drug testing
Court may order mediation if the parties cannot reach an
out of court agreement
The mediator is a neutral party who works with both sides to try
to reach a resolution
If you are able to reach an out of court settlement, your attorney will reduce the agreement to writing in the form of a “stipulated judgment” and file the agreement with the court
If an agreement cannot be reached, the case will proceed to trial,
where a judge or jury will decide the contested issues in the divorce
LEARN MORE ABOUT THE DIVORCE PROCESS IN CALIFORNIA
www.diamondlawfirm.com818-891-8840