The waiting period begins in a California divorce once the divorce papers are filed and served. Thus, even if you are your spouse are separated for years, the waiting period does not start until the divorce action is filed and the papers are properly served upon the other party. Is there any way to speed up the divorce process? A divorce always takes at least six months to complete.
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Sometimes the parties agree to all the terms of the divorce before the six months has run. In this case, the parties can prepare and finalize a divorce judgment before the six month waiting period expires, but they will not be divorced until the six months had run. Even if a judgment is prepared before the six month waiting period expires, the terms of the agreement are still binding on both parties. They are just not free to remarry until the six months have run. Other times, people do not resolve all the custody, visitation, child support, spousal support, and division of property issues within the six month time period.
In this case, a divorce will take longer than the six month time frame because the parties have a right to litigate the terms of their divorce and resolve the issues before a judicial officer.
What is the difference between a legal separation and a divorce? There are several differences between a legal separation and a divorce. There is no waiting period in a legal separation, and you do not have to be a legal resident of the state. All property is divided, child support is ordered, spousal support is ordered, custody and visitation are resolved, and a divorce judgment is entered at the end of the case, except that the parties are not divorced in the end.
Additionally, both people must agree to a legal separation or the proceeding will automatically end in divorce. This means that the court declares you divorced as soon as the six months are up even though you have not resolved the remaining issues of division of property, child support, spousal support, custody, etc. You then litigate those matters at a later date. A bifurcation is not common, and only needed if the divorce is relatively complicated and one party already has plans to remarry.
How does the divorce process work?
The divorce process begins once the paperwork is filed in court. Nothing happens in the process unless someone moves the case along. The courthouse stores, but does not process, your paperwork for you. They simply stamp the documents and keep the records. This means that no one in the courthouse will tell you what needs to be done or how to do it.
Either you have to figure it out on your own or hire a lawyer to help you. The first step in the divorce process is filing and serving the documents. This starts the waiting period.
The next step is to determine whether temporary relief is needed. In other words, if you need some type of financial support, an order to sell your house, an order to determine custody of the children, or an order allowing you to move out of the state, you need to ask the judge to make the order. If I do not want a divorce, can I prevent my spouse from getting one?
California is a no-fault state. This means that anyone can get a divorce in California at any time, for any reason. If one spouse does not want a divorce but the other one does, the court will grant the divorce over the objection of the other spouse. Should I let my ex serve me with the divorce papers? Why was my restraining order denied? What are the filing fees?
Click here for filing fees. Paying Back Filing Fees Even if your fees are waived at first, you may have to pay them back later: If your finances improve you must tell the court within five days. You may be ordered to repay any amounts that were waived. If you receive a judgment or support order in a family law matter you may be ordered to pay all or part of your waived fees and costs if the court determines that you can afford to pay. You can ask the court for a hearing if the court makes such a decision. If you win your case in most circumstances the other side will be ordered to pay your waived fees and costs to the court.
The court will not enter a satisfaction of judgment until the court is paid. The court will have a lien on the settlement and may refuse to dismiss the case until the lien is satisfied. A request to dismiss the case must reflect that the waived fees and costs have been paid. What are my options if my petition is cancelled due to non-payment? Once a Petition is cancelled, a new Petition with the appropriate filing fee is required.
Can documents be faxed to the court? No, not in Family Law at this time. Can I file documents in Orange County for a case in a different county? No, you may only file documents in the county where the case resides. The Petitioner is the party who started the case, and the Respondent is the opposing party. How many copies am I supposed to bring, and can you make copies for me here? How do I go about getting my case transferred to the county I now live in? How to I stop a divorce action? How do I change my attorney of record? What if my attorney has been disbarred or is deceased?
What do I do now? Does the court serve the documents for me? The Superior Court does not serve documents on behalf of litigants.
Use the knowledge you gained about the divorce process to make smart choices
How do I get legal advice? When will my divorce be finalized? Proof of service must have a signed certified mail or registered mail return receipt attached. What if the other party has served the disclosure documents, but refuses to complete the Declaration Regarding Service of the Declaration of Disclosure form?
We have an agreement; when can I submit my judgment paperwork? How long does it take to process a Stipulated Judgment? Is a Notice of Entry of Judgment the same as a Judgment? How many copies should I submit? The court requires one original of all documents and two copies of the following documents: Judgment form FL — one copy required for state statistical reporting, the other will be returned to you. Add a 3rd if you wish the other party receive a copy.
California Divorce Laws for Husbands and Wives
Notice of Entry of Judgment form FL — one for each party in the case We require the proper size self-addressed, stamped envelopes with adequate postage to return copies to you. What is an ex parte hearing? What will happen at the hearing? How do I know when my hearing is? What are my options? I want a telephonic hearing. What do I need to do?
Do I have to show up for my hearing? What is a jurisdiction date?
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