San Diego Divorce Attorney

California Divorce Lawyer

Divorce can be a very difficult time. Dealing with the uncertainty of the future can be daunting. However, with professional legal assistance some of the angst can be minimized. When describing divorce, I often use the analogy of eating an elephant: it can only be done one bite at a time.

It is important to realize that a Divorce is a lawsuit. The marital partners are "suing" each other to dissolve their "partnership". Thus, in California a divorce is started by filing with the court a Summons and Petition for Dissolution.

These documents must then be properly served on the other party. Generally, the documents are personally served by either a Marshal or private process server. However, alternative ways of serving are available if the facts of the particular case call for these other service methods. After service, a proof of service must be filed with the court.

Proper service is important. Nothing can be done by the Court until proper service of process has occurred. Additionally, the first date that marital status can be terminated is 6 months after proper service has occurred.

The court can issue an Order to Show Cause to make temporary orders designed to maintain the status quo pending trial. These orders can include an order requiring one of the parties to move from the residence, temporary use of the community residence, child custody, child sharing, child and spousal support, and, if necessary, restraining orders. It is important to adequately prepare the documents for the court and have them timely filed with the court so that the court can make proper orders.

A divorce is determined by the issues presented to the court by the parties. The fewer issues the court has to decide, the better it is for the parties. Generally, agreements between the parties are easier for the parties to accept and "live with". Therefore, if the two parties can reach agreements that are "legal" and appropriate their level of discomfort can be reduced. I encourage my clients to be the masters of their own destiny and try to resolve the issues directly with their spouse.

In California, the parties are required to exchange a preliminary declaration of disclosure which includes a schedule of assets and debts and an income and expense declaration. The concept is to provide full disclosure of all of the assets, debts, income and investment opportunities. The marital partners are in a fiduciary relationship with each other which requires truthfulness and full disclosure of all the important information one has. Again, by voluntarily and completely providing this information the emotional and financial cost of divorce can be reduced.

Marital issues are generally resolved by either agreement or trial. A Marital Settlement Agreement is a contract that is incorporated into the final judgment of dissolution. The trial is a regular civil trial with the rules of procedure and evidence being followed.

The decisions you make at this time should be guided by professional assistance. Make the right decision and contact our office for an appointment.

For a free initial consultation with David P. Beeson & Associates, call 866-706-2015, or contact us online. Se habla español.