DIVORCE
Daniel B. Halpern, Attorney
111 North Market Street
Suite 1010
San Jose, California 95113
Phone: 408-286-8595
Fax: 408-286-8597
Email:
dhalpern@halpernlegal.com
Website: halpernlegal.com
Daniel B. Halpern Protects His Clients in Divorce Proceedings
When you find yourself in the midst of divorce, whether
because of your decision or the decision of your spouse,
you find yourself in a multi-step legal proceeding which is
most probably very new to you. Additionally, you are most
probably in a state of emotional and mental turmoil. This
is the situation where you need an experienced and
well-grounded professional like attorney Daniel B. Halpern
at your side, protecting your interests.
The following is a general outline of the divorce process in California:
Grounds for a Divorce (Dissolution of Marriage)
California was the first state to implement the concept of 'no-fault divorce.' concept. A dissolution of marriage can be granted if the court finds there are "Irreconcilable differences" that have caused an irrevocable breakdown of the marriage. This means, in practice, that if either person in a marriage wants to end it, that spouse can do so, even if the other spouse disagrees.
Residency Requirements in California
In order to qualify for a divorce, one of the spouses has to have been a resident of the state for six months continuously, and a resident the county (where the divorce is filed) for three months before the filing of the petition for divorce.
How Long Does It Take for the Marriage to be Ended
The spouse has been served with the summons and petition, it takes six months until the divorce is final.
What are the Steps for a Divorce?
- The petition is filed and personally served on the respondent spouse.
- The responding spouse then has thirty days to file a response.
- One of the parties to the dissolution will usually request temporary court orders by filing for an Order to Show Cause hearing. At this hearing, the judge will make temporary child custody, support and restraining orders.
- The parties to the divorce then engage in discovery, which is the process by which the divorcing spouses exchange information and documents that are relevant to the case. One key part of discovery is the preparation of the Preliminary Declaration of Disclosure. This is a court form in which each spouse lists the community and separate property. As part of this disclosure, the spouses are also required to exchange current income and expense declarations. Other forms of discovery are interrogatories (written questions) and depositions (oral examination under penalty of perjury).
- After discovery is completed the spouses and their attorneys (if they are represented) will discuss settlement of the case. If the case is resolved by agreement, one of the attorneys will prepare a Marital Settlement Agreement, which will contain all of the terms of the agreement. This is a contract that is signed by the spouses and their attorneys.
- If the parties are not able to agree on all of the issues in the case, a trial will take place.
- After the parties sign the Marital Settlement Agreement or after the trial has concluded, one of the attorneys will prepare a Judgment of Dissolution of Marriage. This is the document that contains all of the court's orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each attorney. [Information from DivorceNet, California Dissolution of Marriage FAQs by Glenn L. Rabenn]
Annulment
“Annulment is a court procedure that dissolves a marriage and treats it as if it never happened. Annulments are rare since the advent of no-fault divorce but may be obtained in most states for one of the following reasons: misrepresentation, concealment (for example, of an addiction or criminal record), misunderstanding and refusal to consummate the marriage. Information from Nolo Glossary.Daniel B. Halpern, Attorney
111 North Market Street
Suite 1010
San Jose, CA 95113
Phone: 408-286-8595
Fax: 408-286-8597
Email:
dhalpern@halpernlegal.com
Website: halpernlegal.com
San Jose Family Lawyer reviews marriage and divorce books.