divorce

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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

The California Divorce Process

Are You Planning To File For Divorce In California?

Divorce can be an incredibly stressful process to go through. Whether you’re just starting to consider filing for divorce or if you’ve already begun the process, there are a number of areas you need to consider, like your extended family, children, property and your finances. While it isn’t surprising to hear that changing your entire family and marital life can come with a lot of complications, with the right preparation you shouldn’t need to worry about surprises from the process itself.

Call us at (909) 992-0188 to speak with an experienced family law attorney today.

Our Rancho Cucamonga divorce lawyers at James D. Madden, Attorney at Law have spent nearly two decades providing families and individuals with the passionate and experienced legal representation they need to secure the beneficial outcome they deserve. No matter how far into the divorce process you may be, we can help. Contact us today to speak with a member of our firm and begin planning your next step.

How Long Do I need To Wait Before My Divorce Can Be Finalized?

In California, you need to wait six months or more from the date you submitted the necessary documents for the court to recognize your divorce as official.

What Is a Summary Dissolution?

Depending on the length of your marriage, you may be able to file for a summary dissolution. In most cases, you won’t need to go to court during a summary dissolution, but you will need to work with your spouse to agree how your property and debts will be divided, fill out the required paperwork and file the documents with the court. In order to qualify for this process, you must meet the following criteria:

  • No children
  • No real estate
  • Minimal property
  • Minimal debts
  • Your marriage must have lasted less than five years

What Happens During the Divorce Process?

If you and your spouse don’t qualify for a summary dissolution, your divorce process will generally follow the following procedure:

  • One spouse must fill out and file a divorce petition with the court, then serve their spouse with the necessary papers.
  • The spouse who received the papers, also known as the respondent, must file their response with the court within 30 days of receiving them.
  • Both spouses have the ability to file for an Order to Show Cause which allows the judge to make any necessary restraining, child custody or temporary support orders.
  • At this point, the discovery process can begin. During this time, both spouses must exchange any relevant information and documents including, but not limited to any income and expense declarations. Both spouses must also list their community and separate property in a Preliminary Declaration of Disclosure form.
  • Once this process is complete, both spouses, as well as their attorneys will meet in order to discuss potential settlements. If both spouses agree to the terms of the settlement, then one of their attorneys will list the terms of the agreement in a Marital Settlement Agreement. Once the Agreement is complete, both spouses and their attorneys must sign it to make it official.
  • If no agreement is reached, then the divorce will proceed to court.
  • After either the Marital Settlement Agreement is signed or the trial is complete, one of the attorneys must complete and file a Judgment of Dissolution of Marriage. Both now ex-spouses attorneys will then receive a Notice of Entry of Judgment.

Fill out our online form to start out with a free case assessment.

Hire an Experienced Divorce Lawyer Today

Our Rancho Cucamonga divorce lawyers at James D. Madden, Attorney at Law have worked with hundreds of families and individuals in order to secure them the beneficial outcome they need to move on to the next phase of their lives. Whether you are starting to consider filing for divorce or if the process has already begun give us a call at (909) 992-0188 to speak with a member of our firm, or fill out our online form to get started with a free case assessment today.

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