Feel Prepared To File For Divorce With The Help Of Our San Jose Divorce Lawyers
The divorce process begins when one spouse files a petition for dissolution of marriage or legal separation. Usually, the divorce petition is based upon one spouse claiming that the partners have “irreconcilable differences.” California law does not require a determination that either party is at fault for causing the breakup of the marriage. The party who files the petition is designated as the petitioner. The petitioner must serve the other party to put them on notice of the legal proceedings.
How Can The San Jose Divorce Attorneys At Erickson Family Law LLP Help With Your Case?
The experienced San Jose divorce attorneys at our firm are dedicated to guiding you through the complexities of your divorce. They understand that each case is unique, and they tailor their approach to meet your specific needs. Our lawyers can assist with:
- Dividing property, including the division of stocks and other complex assets
- Accurate valuation of a closely held business
- Issues related to your children, including child support and custody/visitation matters
- Financial support of a former spouse (alimony and spousal support)
Whether your divorce is relatively simple or complex due to high assets, our attorneys will be by your side throughout the duration of your case, from before the presentation of divorce papers through the issuance of the final divorce decree. Our team is committed to protecting your rights and helping you achieve a fair outcome. By providing clear communication and strong representation, we aim to make this challenging time as smooth as possible for you and your family.
How Does An Uncontested Divorce Work?
Perhaps the simplest option for a couple wanting to part ways is what’s known as an “uncontested divorce.” Simply put, this means that you and your spouse are in agreement over all terms of the divorce, including property division, issues related to your children and things like spousal support. This type of divorce is usually quicker and less expensive than one in which there are contested issues.
The process is straightforward. First, you and your spouse must file a petition for divorce. Then, you will need to draft a marital settlement agreement outlining your decisions. Once you have both signed the agreement, it is submitted to the court. If the judge finds everything in order, they will approve the divorce agreement and finalize your divorce. Although you aren’t required to hire an attorney for an uncontested divorce, doing so can ensure that the process is completed smoothly and there are no significant errors.
What Is A Contested Divorce?
If you and your spouse are unable to agree on all aspects of your divorce, the divorce is said to be contested. There are several options to reach a settlement agreement outside of court. You can try mediation, where a neutral third party helps you both find common ground. Collaborative divorce is another option, where both parties and their attorneys work together to settle terms. If these methods don’t work, litigation may be necessary, where a judge will make the final decisions.
Are Spouses Required To Personally Appear In Court?
Most dissolution of marriage cases are resolved by an agreement. Although some cases require many court appearances, some of which may be by telephone or videoconference, where there is full cooperation of both parties, it is possible to reach agreements that are confirmed in a stipulation for judgment. In such cases, the judgment may be presented to the court without requiring a personal appearance in court. Having a lawyer represent you may enhance the possibility of avoiding unnecessary court appearances.
Limitations Placed On Spouses As Part Of Divorce
Upon filing and service, both parties are subject to standard family law restraining orders set forth on the summons, which must be served upon the respondent with the petition for dissolution of marriage. These orders include a restraint on the parents from removing minor children from the state without the other parent’s written consent or an order of the court. The orders include limitations on transactions related to property without the other party’s written consent or an order of court. Both parties are precluded from changing beneficiaries on insurance policies. Both parties are restrained from creating or modifying a nonprobate transfer that affects the disposition of property without the written consent of the other party or an order of the court.
During the process, the court may make temporary orders. These orders may include temporary child and spousal support, child custody and visitation orders, orders for payment of attorney fees and costs, domestic violence restraining orders, and other possible orders.
Final Steps In The Divorce Process
The earliest time within which marital status may be terminated is six months after the respondent is served with the petition for dissolution of marriage. However, for various reasons, marital status termination may occur much later.
The end result of the process is set forth in a judgment, which terminates marital status, determines property rights and resolves requests for support orders and attorney fees and costs. It is possible to have multiple judgments, each of which may resolve some of the issues pending in the court. It is not uncommon to terminate marital status before other issues have been resolved in a process referred to as bifurcation.
Contact The San Jose Divorce Attorneys At Erickson Family Law LLP
If you are considering divorce or are already in the process of dissolving your marriage, our legal team can help you navigate the process and ensure that your wishes are known and considered during the divorce process. To schedule a consultation, call us at 408-840-2393 or fill out our online contact form.