Filing for divorce can be an emotional and complex process. In the video below, Sina Mohajer of Mohajer Law Firm, based in Arcadia, California, breaks down the divorce process into the major steps, from filing the initial petition to navigating settlement agreements or trial.
At Mohajer Law Firm, we specialize in family law, including divorce and custody matters. Our experienced team is here to guide you through every stage of the process. If you’re considering filing for divorce or have questions about your legal options, contact Mohajer Law Firm at (626) 569-5200 for a one-on-one consultation.
Filing for Divorce
Now, without further ado, I’d like to welcome those who are new to the channel and those returning to our brand-new series called A Walk in the Park. In this video, we’re going to discuss the divorce process. I want to provide you with a step-by-step guide on what to expect when you file for divorce.
I’ve got a lot of other videos in the library that dive deeper into the nuances and details of every stage. So, if there’s any time when you’re confused about something I said, please go back and look at those videos for more information. But for today’s purposes, we’re going to keep it breezy.
Step 1: Petition for Dissolution of Marriage
Step one is you’re going to need to file the initial petition for dissolution. When you do so, you are essentially suing your spouse, but not in the same sense as a personal injury case or a breach of contract case. In this instance, you are suing your spouse and requesting the court to finalize your divorce, sever the marriage, and allow you to start a new chapter in your life.
So, the first stage is the petition. Once you’re done with the petition, you need to properly serve the respondent, or in other words, your ex-spouse. To serve them, you’ll either need to do it personally or they will need to accept service in any other fashion where they sign an acknowledgement and receipt of that service.
Step 2: Preliminary Declaration of Disclosure
Stage two of the process is your disclosure requirement. In any divorce case, you’re required to provide your Preliminary Declaration of Disclosures. This sets forth all the assets and debts you believe the community has and designates other assets and debts that might need to be characterized as separate property.
This step is crucial to facilitate and move the case forward. Without the Preliminary Declaration of Disclosures, the court does not have jurisdiction to terminate your marriage, so it’s very important to meet this requirement.
Step 3: Discovery and Settlement Discussions
Stage three of the process is the discovery stage or potential settlement discussions. If you and your spouse can come to a full agreement on all terms—including spousal support, child custody, visitation, child support, and the division of assets and debts—you can avoid making a court appearance altogether.
In stage four, you would prepare a stipulated judgment. But in stage three, you start discussing settlement terms to figure out which issues you can agree on and which you cannot.
Step 4: Stipulated Judgement or Trial
Stage four of the process, if you have an agreement, involves preparing your paperwork for a stipulated judgment. This document sets forth all the rules and agreements you and your spouse have entered into. Once the court finalizes it, you’re done and can start your new chapter as a single person.
However, if you can’t come to an agreement on every issue, this is when you’ll take the case to trial. At trial, you’ll present evidence and speak to the judge, who will determine how things are divided or when you get to see your children.
Contact Us If You Have Questions About Filing for Divorce
If you have any questions about your particular case, or if anything in this video raised further questions, I welcome you to contact our office and schedule a consultation with me. I’d be happy to sit down and discuss your case in more detail.