What to Expect in Your Divorce
For over 22 years the Timothy Peabody Law Firm has been guiding clients and their families through the complex process of divorce. As a firm with experience, we understand what a daunting process a divorce can be for our clients who only wish to obtain closure and move on with their lives. By offering service that is comprehensive, efficient, and effective, the firm strives to make the process a little less daunting. To that end, we have provided the following information on what to expect during a divorce:
What is the Significance of the Date of Separation?
The date that spouses became separated is essential to determining the spouses' property rights after divorce or legal separation. Spouses who are separated cease to accrue marital property together as of the date of separation; instead they begin to accrue separate property like they did before marriage. For additional information on community and separate property, please see divorce and property settlements.
The date of separation is determined for legal purposes by analyzing the spouses' subjective intent to live separate and apart. If at least one spouse did not intend to resume the marriage at some point, then that date is the date of separation. However, often this date is unclear or the spouses disagree as to the official date. When this occurs, the court will analyze the actions and words of the parties to determine the legal date of separation. One common way to determine date of separation is by using the date one spouse moved out of the marital home. However, the parties must still demonstrate that they intended to end the marriage at that time.
How Long Will My Divorce Take?
How long a divorce, or dissolution of marriage, will take depends on whether or not the divorce is contested, and whether there are a lot of issues in dispute, such as property division, support, or custody. To begin the process, the spouse who wishes to file for divorce (the "petitioner") must first meet the California residency requirement, which requires one of the spouses to have been a resident of California for six months, and of the county of filing for three months, prior to filing the divorce petition.
Once the petitioner spouse has met the residency requirement, he or she will file a petition for dissolution of marriage which sets forth such information as the date of marriage, the date of separation, the number of years between the marriage and separation, the number of children of the marriage, and the children's ages and birth dates. This will be delivered to the other spouse, known as the "respondent." However, the divorce is not final until either six months after the respondent receives a copy of a court summons and the petition, or six months after the date the respondent first appeared in court, whichever occurs first.
While six months is the minimum amount of time it may take to finalize a divorce in California, a divorce may take much longer. For example, once the respondent spouse receives the petitioner spouse's divorce petition, he or she has 30 days to file a response to dispute the facts of the petition. At this point, a hearing will be held. During this time the spouses must also work out a marital settlement agreement, if they can agree, which divides their community property and debt and addresses such issues as custody and support. If the spouses cannot agree, they must argue the issues in court. To help the spouses and court make informed decisions, the spouses will disclose their assets and debts and discovery, which is an investigation process, will be completed. In addition, if the divorcing spouses have issues of child custody or visitation, they will be required to attend mediation to work out a custody agreement, if possible.
Orange County Divorce Attorneys
By offering both comprehensive and efficient service, the Timothy Peabody Law Firm strives to alleviate the stressors our clients face and achieve effective resolutions without unnecessary cost or delay. For personalized assistance in your divorce, contact our Orange County office today or call the firm at (949) 200-4610 for a free initial consultation.
