Divorce

There may be various reasons couples decide to go their own separate ways.  Most common are money issues, infidelity, in-laws, abuse, crime, drugs, and alcoholism. California is a no fault state.  Anybody who wants out of a marriage may get out by filing for divorce.  The filing of a Petition for Divorce culminates to a termination in the marital relationship between a husband and wife. In addition to restoring the parties to single status, orders may be obtained to resolve issues of custody and visitation of the minor children of the marriage, child support, spousal support, and to confirm or divide community and separate property assets and debts.

When a spouse files a Petition for Marital Dissolution (Divorce Petition), the other spouse, known as the Respondent, must be personally served with Petition and Summons. The Respondent then has 30 days from the date of service to respond.  If the Respondent fails to respond within that time period, the Petitioner may move for a default. Once a default is entered, all Respondent’s rights to participate in the litigation are cut off.

If the Respondent responds before a default is entered, the case then becomes contested.  The parties then go through an evidence gathering stage called “Discovery” where the parties gather information and evidence necessary to prepare for trial.  As part of the discovery process and a requirement under the family code, the parties are to exchange both preliminary and final declarations of disclosures where parties disclose accurately their income, expenses, assets, and debts.  In more complex cases, experts are retained to make opinions on certain issues such as child custody, valuation of businesses, and earning ability of a spouse.

It is in this process that parties attempt to determine the nature and characterization of their assets and debts.  Usually, assets and debts acquired during marriage are characterized as community.  Assets and debts acquired prior to marriage and after the date of separation are separate property.

All throughout this process, either party may seek temporary orders from the Court while the case is pending.  Temporary orders are usually requested for spousal support, child support, custody, visitation, attorney’s fees, and certain injunctions.  Cases are ultimately resolved either by settlement through a stipulated judgment or by trial.  It may be a combination of both where some issues are settled while others are brought to trial for the Judge to decide. 

In order to file a divorce in Los Angeles, the Petitioner must have resided in the State of California for at least 6 months and in the County of Los Angeles for at least 3 months immediately prior to the filing of the divorce petition.