What You Want To Know
If you are considering or are already involved in a divorce proceeding, there are two things you want to know from your attorney: How much will it cost? and: How long will it take? Unfortunately, your attorney will not be able to provide you with a definite answer to either of these questions. The answer must be: it all depends-on the nature and amount of property involved; on the number and any special problems concerning any children involved; and, most especially, on the nature and number of issues as to which the parties disagree. What is certain is that the fewer the disagreements and the more the parties are willing to compromise and agree, the cheaper and the faster their divorce will be.
Procedure: What Happens in a Divorce Proceeding
A divorce, legally described as a marital dissolution proceeding, is a lawsuit. It is initiated by one of the parties filing a Petition for Dissolution of Marriage in the family law division of the California Superior Court. The court opens a case, assigns a judge and a case number, and issues a summons directed to the other spouse.
Typically, the other spouse is served with copies of the summons and the Petition; and files a Response. Interim orders-orders that will be in place only while the case is pending-for support, child custody and visitation, and possession and use of property-are put in place; either by stipulation of the parties, or as ordered by a judge at an Order to Show Cause ("OSC") hearing.
The parties exchange requests for documents and information and respond to the same, and serve subpoenas for documents on third parties-i.e., employers, banks, stock brokerage accounts, etc. This process of gathering facts and information relevant to the issues in the case is called "discovery." When both of the parties have completed discovery, the case is ready for trial. At trial, the parties put on evidence to support their respective requests. At the end of the trial, the trial judge makes a final ruling on all of the issues presented, judgment pursuant to that ruling is entered, the case is concluded, and the parties are officially divorced.
Settlement Benefits Both Parties
Most marital dissolution cases do not go to trial; and of the ones that do, most of the issues have been resolved before trial by agreement of the parties. In fact, ethical and properly motivated family law attorneys are looking for ways to settle the case, and issues that can be resolved by agreement and without litigation, from the very first meeting with their client. The proper goal for the attorneys for both of the parties is to facilitate agreement and minimize controversies and conflict, especially where the parties themselves are too emotionally distraught and angry to reach agreement on their own.
Your Case is Unique
Each particular divorce proceeding is unique, in the personalities, histories and preferences of the parties, and the children and extended families involved; and in the property, support, custody and visitation and other issues to be resolved. No one can tell you in advance exactly how your divorce will go. You can expect, however, feelings of hurt, and failure, and a sense of loss of control; and you can look forward to a new beginning and a happier future.
If you are considering divorce, or if you are involved in a divorce proceeding, contact the California Family Law offices of Virginia H. Gaburo & Associates to find out if our firm is right for you.
For more information about California family law, visit the following Practice Area Information Pages on this website:
