Many people forget that filing a Divorce in California is only the first step. The next step is to serve and then to wait the necessary 30 days and then do whatever is necessary to complete the Divorce. The Divorce is not finalized until the parties receive the stamped judgment from the court with the date as to when marital status ends.
There are 3 ways to finalize a Divorce:
- By default: this means that the respondent does not file a response within the 30 day period; the petitioner may then file a ‘request for default’ and a ‘request for a default hearing’; at the hearing , the judge will make a ruling; if there are no issues, a hearing may not be necessary
- By agreement: if the parties choose to agree on their issues (spousal support, child support, custody & visitation or division of property & debt etc.) a Marital Settlement Agreement can be prepared which would avoid a court appearance; this is the best way to finalize a Divorce if there are issues that need to be resolved
- By trial: if the respondent responds and contests the issues of the divorce, and does not wish to agree then a request for trial is needed. At trial, each side will present an Exhibit List, a Witness List and a Trial Brief as is needed. The judge will make a decision based on the testimony, exhibits and arguments.
It is wise to speak with a Family Law Lawyer or Divorce Attorney when considering a Divorce. By doing this, you will understand your legal rights and your options. It is also a good time to learn what is reasonable in your particular case.
For more information on Divorce in California, please call Legal Action Workshop @ 800-HELP-444 (800-435-7444) or visit www.LegalActionWorkshopLAW.com .