Escondido Divorce Attorney – An Experienced Family Law Firm Can Help You With Child Custody, Child Support, Visitation Rights, Spousal Support/Alimony, & Asset Division, Fathers Rights During Marriage Separation
Finding the right Escondido divorce lawyer and family law attorney near you to handle your north county divorce case can be daunting. It is important to understand the basic of California family law laws. California is a ‘no-fault divorce ‘state. Therefore, a party need not accuse the other of misconduct. If the marriage can no longer stand due to incompatible differences, either of the parties can get a divorce. Because of how complicated divorce cases are, it is to your best interest to consult with local Escondido divorce attorneys to get your options about your situation.
What are Divorce Grounds?
Dissolution of marriage can be given where the court is satisfied that there exist “irreconcilable differences” which caused the marriage breakdown. Therefore, even where one part may be unwilling to end the marriage, the other can successfully file a divorce. Another ground for divorce is incurable insanity which should be proved by a medical expert.
What Is The Procedure Of Obtaining a Divorce in California?
If an individual has been married for a period of less than five years, does not have real estate, have no children, and have limited debts and property, he or she may obtain summary dissolution of marriage. This is a very simple process and it does not require the parties to appear before a judge. The parties only need to create an agreement of dept. and property division. The agreement should then be filed alongside other divorce petition documents. This process does not require individuals to go through many procedures. However, the parties still need to wait for six months before the divorce is finalized.
If you fail to meet the requirements of a summary dissolution of marriage, the process will be as follows:
- One party files a petition for divorce and serve the other spouse.
- The respondent files a response within thirty days
- Either party may apply for a temporary order to show cause hearing. During this hearing, the judge has discretion to make temporary support, restraining and child custody orders.
- The parties then exchange documents and information through a process called discovery. Discovery helps in the Preliminary Declaration of Discourse where each spouse discloses separate and community property. Parties disclose and exchange expense and income declarations.
- After the discovery, the parties are given an opportunity to settle their case through their lawyers. In case they agree, Marital Settlement is prepared by one of the attorneys.
- If the parties cannot agree, a trial will begin.
- After both spouses approve the Marital Settlement Agreement or after the trial’s conclusion, Judgment of Dissolution of Marriage is drafted by any attorney who is representing the party. This document has all court orders. After filing of the judgment, Notice of Entry of Judgment is mailed to each attorney.
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