The Divorce Process

California has “no fault” divorce. Thus, it makes no difference which spouse files the originating petition. Once a Petition for Dissolution of Marriage is filed and served on the other spouse (the Respondent), the case has been joined for further proceedings—i.e., can continue. Usually the first thing that happens is the request by one of the spouses for temporary orders to be in place during the pendency of the divorce action. These temporary orders are usually for custody and visitation of children, child support, spousal support, and sometimes for temporary rights to manage ongoing business enterprises.

Also, right after the case is joined, the parties must complete and exchange Preliminary Disclosure Documents (PDDs), which include Income & Expense Declarations and Schedules of Assets and Debts. These are Judicial Council forms and must be completed and exchanged early in the proceedings. The information in these documents is extremely helpful in gathering the necessary facts to work toward possible settlement; and, if that is not possible, toward preparation for trial..

Normal “discovery” is available if additional information and documents are needed to have all the facts and information that is relevant. “Discovery” includes depositions, interrogatories, requests for admissions, and demands for the production of documents.

Sometimes expert witnesses are needed to provide input on parenting plans, on values of assets, on cash flow analyses, and for other needs.

Settlement is pursued in order to save attorneys’ fees and to expedite the conclusion of the proceeding for our clients. Sometimes “four-way conferences” are held where the parties and their attorneys meet together to work out settlements. If a settlement is reached, a Stipulated Judgment can be presented to the court without any further court appearances by the parties.

If settlement is not reached, then the parties request a trial date from the court, and the matter is presented to the court, without a jury, for determination by the judge.

Sometimes some of the issues are stipulated to, and become final judgments as to those issues, while other issues are left open for the judge to decide in a trial. Even though all issues may not be resolved, by stipulating to as much as possible, the parties save money, as less time is spent trying the remaining issues before the judge. Click on the links to the right to learn more.