As noted by the United States Census Bureau, approximately 206,000 people divorced in 2015 alone. Although divorce can be common for many people, it is still a process that can remain overwhelming for many. Understanding how the process works and what steps could be involved, however, could ease the process for those concerned. Having the adequate information necessary to file for divorce can put spouses on the right track for a temperate divorce procedure.
When Divorce Proceedings Are Underway, Knowledge in Divorce Law Matters
At RM Law Group, LLP., we have many years of dedicated practice handling divorce cases throughout the City of Whittier and surrounding areas. We recognize that divorce cases can often be a complex issue for families, as the process will often involve high emotions, unnecessary expenses, and a great deal of time wasted. A divorce that is not properly handled can quickly become drawn out and become extremely tiresome.
When undergoing a divorce or legal separation, obtaining the support and skill a seasoned divorce law attorney is a great asset. If you are considering divorce, an experienced attorney can help you complete the process with ease – allowing you the opportunity to complete the process quickly and efficiently. Contact the attorneys at RM Law Group, LLP. for a free case evaluation today.
Noteworthy Segments of the Divorce Process
Understanding key features of the divorce can help individuals go through the process without difficulty.
Date of Separation
When a couple first decides to end a relationship, it is imperative to document the date of separation. The date of separation will establish the time frame of what property and debts will be divided between the parties during the divorce.
Filing a Divorce Petition
One of the primary steps of commencing the divorce process is to file the petition. Whether or not both parties agree to the divorce, one party will need to begin the process and petition with the appropriate court to begin the proceedings.
Community property involves everything the couple owned together. This will include everything that was bought or acquired during the marriage – including debts – that is otherwise not gifted or received as inheritance by one of the parties.
In the State of California, each party will own half of the community property and half of all the community debt. This will include the earnings each party earned during the marriage along with items that were purchased with those incomes. What many people fail to recognize is that parties also have a right to a share of the other’s pension plan, so as long as this was earned during the marriage.
Property that was obtained by one or both of the parties when living outside of the State of California is considered quasi-community property. Purchases that were made while living outside of the state for a part of the marriage, for instance, will be considered as quasi-community property. For the most part, quasi-community property is treated the same as community property.
In order to be able to get a divorce in California, either party must have had resided in the state for a minimum of six (6) months prior to the filing. Petitioners are also required to have had resided in the county that has jurisdiction over the case for a minimum of three (3) months.
When one party depends on the other for economic support, this spouse will need to petition to the court for temporary orders for support. The same applies if custody is needed – the interested party will need to ask the court for custody of the minor children.
Temporary orders are typically granted within a few weeks and could remain valid until the full court hearing. They could potentially even be incorporated into the final divorce judgment. In the event that the party who has commenced the divorce process is also seeking a temporary order, this formal request can be filed at the same time as the petition. When the spouse seeking the temporary order was not the divorce initiator, the petition for the temporary order should be filed as soon as possible.
Divorce Service of Process and Response
When a party has filed for divorce, he or she will need to file a proof of service of process demonstrating that the other party was served with a copy of the petition. The other party can then respond to the petition and make disputes when necessary. When the parties cannot agree on the issues, they may need to enter into mediation, which could quickly become highly complicated.
Considering Divorce? Contact the Attorneys at the RM Law Group.
The attorneys at RM Law Group, LLP. have built a reputation in protecting the interests of individuals seeking divorce in the City of Whittier and surrounding areas. At RM Law Group, we understand that the divorce process can be complicated, especially when there are children involved. If you are seeking to file for divorce in California, obtain the legal support of a team of attorneys who have dedicated years of experience in the matter.