San Diego Divorce Attorney
Divorce can be an overwhelming process, especially for someone with children. Most people dive into the divorce process letting their emotions lead the way. When going through such a significant life change, it is imperative that you make financially sound decisions. Having an experienced family law attorney on your side will make a difference.
A divorce will terminate your status as a married period. Additionally, a divorce petition allows you to deal with the following issues:
1. Child custody
3. Child support
4. Spousal support
5. Property division
Some issues may require the Court’s immediate attention. If so you can direct the court to your immediate needs. For example, a visitation plan will help if the parents do not live together. Additionally, one spouse may need immediate financial assistance while the divorce is pending. Boros Law Firm, APC can assist you with your immediate needs.
A full agreement on all divorce issues will save a tremendous amount of time and money. Also, you are that much closer to moving on with your new life.
The most common mistake we see is spouses who try to submit the divorce paperwork on their own and then receive a rejection notice from the Court. It may be something very minor that you need to fix. Or, you may have missed a form or legal clause that is required by the Court. As a result, your divorce might be delayed. During that time, your spouse can change his or her mind on the terms you thought you resolved.
Take the advice of those clients that have been through this “rejection” process before – have an experienced attorney prepare the paperwork from start to finish. We will prepare all of the required court paperwork and memorialize, in the terms required by the Court, your full agreement.
Proceeding Without Other Spouse
California law does not require the consent of both spouses. If you file a Petition and have your spouse properly served, they have thirty days to file a Response. If they do not file a Response, you can submit a request to the Court to proceed without your spouse. The Court does not automatically default your spouse on the 31st day. You have to make an affirmative request to the Court for the default to be entered. Next, the court reviews you request. if approved, you can submit a default judgment packet for the Court to review and enter. However, there are certain requirements that the Court must follow on a default request, including how property will be divided. As a result, contact us to discuss how your default request is likely to be viewed by the Court.
Cost of Divorce
Fees for a divorce depend on the following:
• How quickly the issues are resolved;
• The complexity of the assets and debts; and
• Involvement of minor children.
There is no “average” cost of a divorce because all cases are different. However, you can keep fees down by doing the following:
• Maintain regular contact with your attorney;
• Provide information in a timely manner; and
• Make every effort to be reasonable with the other party.
Length of Divorce
The quickest you can be divorced is six months from the day your spouse (the Respondent) is served with the Petition. If a judgment packet is submitted to the Court prior to the six month mark, the Court will post date your divorce date to the six month date. However, if you and your spouse are unable to reach an agreement and the six month mark passes, you can request to bifurcate the issue of marital status from all other issues. The Court has several requirements before they will bifurcate marital status. Thus, contact us to find out what’s needed for your matter.
A Summary Dissolution is a quick and easy way to finalize your marriage. However, only some couples qualify. A Summary Dissolution may be an option if:
• No children together;
• Married for 5 years or less;
• Minimal assets;
• Nominal debts;
• No spousal support; and
• Complete agreement on property division.
For more information on the process and forms required, visit: http://www.courts.ca.gov/documents/fl810.pdf.