Divorce
Divorce often brings out the strongest of emotions at a time when your interests are best served by presenting a reasonable case in a Family Law Court. However wronged you may feel or how deep your resentment your first step is to get past the emotions and face the facts. Since January of 1970 California has adopted no-fault divorce. No longer does one have to find fault in a spouse to file for divorce. Either party may initiate proceedings for dissolution of the marriage. Weather your circumstance resembles a contested divorce or an uncontested divorce you need to know what your rights and responsibilities are under California Family Law and how the court will reflect on your Petition for Dissolution of Marriage.
Dissolution of Marriage
Divorce proceedings, or Dissolution of Marriage, follow a succinct process, which at first glance seems deceptively simple:
- Identification of the Legal Issues - Your rights and responsibilities under California Family Law. Depending on your circumstances these might include child support, child custody, visitation and division of marital property.
- Mediation or Negotiation - As the term implies, this is the process by which the above issues are resolved. It may well determine if your divorce is contested or uncontested.
- Marital Settlement Agreement - When agreement is reached on the issues this is the document to be executed by the parties and that which will be enforced by the courts.
- Petition for Dissolution of Marriage - This is a petition to the court for relief and states what that would be. The petition would differ depending on weather the divorce is contested or uncontested. In either case the next step is to appear in court.
- Hearing for Final Judgment of Dissolution of Marriage Decree - If the divorce is uncontested this could be a brief review of the pertinent docuuments. If satisfied with your presentation the court will sign your Final Judgement of Dissolution of Marriage Decree. If contested, litigation will commence soon after if circumstances haven't dictated that it is already under way.
While a settled divorce is always preferable, litigation may be the only way to protect one's rights and enforce another's responsibilities. With the accumulation of marital property and addition of children to a family the circumstances surrounding the dissolution of a marriage become quite complex. The division of property, support of children and working out visitation schedules can involve substantial unanticipated consequences that will affect your life far into the future. Make sure you understand what's at stake and protect your future today, contact Elizabeth F. Courtney.
Elizabeth F. Courtney
909.946.7270
489-A N. Central
Upland CA 91786
Los Angeles Superior Court - Pomona Courthouse South
San Bernardino County Superior Court - Rancho Cucamonga Courthouse
