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If you and your spouse agree to divorce and agree with the division of assets, child support and custody, and spousal support, you can file an uncontested divorce. You do not have to plead any reason for divorce other than irreconcilable differences. However, California does have some rules about receiving a dissolution of marriage once you file. We will discuss what you need to know about uncontested divorces.  If you are considering divorcing, whether the divorce is contested or uncontested, contact an Arcadia divorce attorney for a consultation. Stipulated Judgment If you want an uncontested divorce, you must file a stipulated judgment, a marital settlement agreement, among other documents. Although you and your spouse might get along now, things could change. Thus, it is always better to have a stipulated judgment drafted by an attorney to ensure that it is acceptable by the court and contains consequences should one of you break the agreement. For example, if your spouse stops paying child support or does not allow you to see your children, a well-drafted stipulated judgment ensures that you can bring an action against your spouse for breaking the agreement. The stipulated judgment tells the court whether you have the right to bring an action against your spouse. It also ensures that the court knows precisely what you agreed to and whether your spouse or domestic partner could be in contempt for not complying with the judgment. Waiting Period California has a waiting period for getting a divorce. Once you file the documents for divorce, you must wait for six months for the court to enter the final judgment. Do not wait to file if you are ready to get divorced now, and the final hearing is six months from the date you file your documents. It doesn’t matter who you are, whether you are famous or not. No one can get divorced in California without waiting for six months. California also has residency requirements. You must have lived in the state for at least six months to obtain a divorce. Additionally, you must have lived in the county where you are filing the divorce for at least three months. If you and your spouse have been separated for more than three months and live in different counties, you can file in either county. Contact an Arcadia Divorce Attorney California does allow you to file your divorce. However, if you do not touch on everything, you could find yourself on the short end of the stick after the court finalizes the divorce. A stipulated judgment is a complicated document that ensures that the other spouse doesn’t violate your rights. If you are ready to file for divorce, contact an Arcadia divorce lawyer for a consultation. [yotuwp type=”videos” id=”NA2VUMlq7p0″ ]

How quickly can you get a divorce? While divorce proceedings have timelines, your spouse could prolong a proceeding by litigating every issue. Your spouse could also extend the discovery process to lengthen the time of the divorce. An uncooperative spouse could make a proceeding that should be over in a few months last for over a year or longer. Timeline of a Divorce Once your Arcadia divorce lawyer drafts the initial petition, they must file it with the court and have the clerk issue a summons. Then, a process server must serve the divorce documents on your spouse. If your spouse avoids the process server, serving your spouse could take weeks instead of days. Once the process server serves the documents, your spouse has a set number of days to respond to the divorce. If they do not, your divorce lawyer could file a default. If your spouse does not show up at the default hearing, the court enters a final judgment in your favor. Once your spouse responds, the discovery process starts. Your spouse can be cooperative or could stall the process here, too. They might not provide discovery immediately or might want to fight you over every issue. What Happens When a Party Requests a Hearing When you request a hearing because you do not agree with something your spouse did, it can take weeks or even months to resolve the issue. For example, if your spouse refuses to allow visitation with your children, you could file a motion in the court to force your spouse to let you see your children. It takes the attorney time to draft the motion. Once it gets filed with the court, the attorney can request a hearing. However, if the court is backed up or your attorney is unavailable, the motion is scheduled to go further out. It also takes time to draft the court’s order after the hearing. When a Divorce Ends Quickly If you and your spouse can agree on everything, disbursement of assets, child custody, spousal support, and child support, you won’t have to go through a lengthy divorce. Your Arcadia divorce lawyer can draft a settlement agreement. Once both of you sign the deal, the attorneys request a final hearing with the court. It’s a short hearing to “prove up” the divorce. The court enters a final judgment and closes the case. When you agree on everything, the process could be as short as mere weeks instead of months or years. Contact an Arcadia Divorce Attorney If you are wondering how quickly can you get a divorce, contact an Arcadia divorce attorney at Mohajer Law Firm for a consultation to learn more about the process and your rights during divorce proceedings. [yotuwp type=”videos” id=”Uw02HUAqHT4,LDUj386yWmE” ]

Once you decide to divorce, you hope that the divorce process will go smoothly and quickly. However, that is not always the case, especially with the property involved. This has people thinking, “how long will divorce take with property involved?”. When a property is involved in a divorce, the process could take months or even years.  Factors that Determine Timeframe   Suppose you and your spouse cannot agree on the distribution of the property; this will further lengthen the process. Additionally, having more than one property or commercial property could prolong it even further.  Even if you and your spouse agree on the division of assets, the length of the divorce process will depend on how you decide to divide the property. If you must sell a property and split the proceeds before the court finalizes the divorce, the length of the divorce process depends on how quickly you sell the property.  Does All Property Need to Be Divided?   You only need to divide marital property. In certain circumstances, a property is not marital property. The assumption is that marital property is anything you bought from the date of your marriage until the date you separate. However, this is not always the case. For example, if you own a property, meet your soulmate, then add their name to the deed, the property is no longer separate.  Even if you do not put your new spouse’s name on the deed, but they contribute to the home by paying the mortgage or taking a joint-equity loan, the property becomes commingled. Your spouse could have a claim to the equity in the property.  Additionally, specific rules apply to property given to one spouse as a gift or part of an estate. Your Arcadia divorce attorney can let you know your rights regarding properties acquired before the marriage or properties you inherited. The commercial property follows the same rules. You might have had the property before marriage, but if your spouse contributed to the upkeep of the property or the business run on the property, you might have to divide the property in the divorce. Your Property But Not Your Property   Another situation is if you buy a property with your spouse before you get married. Even if the deed is in your name only, the property could be considered community property. If your spouse helped with the down payment or used marital funds to pay the mortgage or repair the property, your spouse could have an interest in the property.  Contact an Arcadia Family Attorney   Determining whether real estate is community property is often complex. Make sure your rights are not violated by speaking to an Arcadia family lawyer before filing for divorce. If you are wondering, “how long will divorce take with property involved?” contact us for a free case evaluation.   [yotuwp type=”videos” id=”kXhX_UcLHzw” ]

What happens when you get served a DVRO? If you get served with a domestic violence restraining order, you must act quickly. If the order is temporary, the court most likely already granted it. You must be sure to follow the order “to the T.” If you violate the order, it could negatively affect you, especially if you or your spouse have filed or will file for divorce.  Why You Should Retain a Divorce Attorney Hiring an attorney as soon as possible is the best option because the restraining order can enormously impact your case. The DVRO could affect visitation if you have children. Additionally, some spouses file a restraining order and try using it strategically.  The DVRO could be implemented to get you to break an order purposely. Additionally, a divorce lawyer experienced in handling cases that involve DVROs can advise you about how you should be taking these situations and what you should do for the best possible outcome.  Contacting the Other Party and Attending Court Hearings If the order says not to contact your spouse, do not contact them. If it says to stay at least 100 yards away, make sure you do just that. If you have visitation with your children, insist on exchanging the kids in a public place. If your spouse tries to contact you, do not respond, as you will break the restraining order. Let your attorney know immediately that your spouse is trying to reach you, despite the restraining order.  Finally, you should never miss a hearing about the DVRO. Always show up to court dressed in your Sunday best and be respectful to the judge and your spouse. Your behavior can go a long way in getting visitation with your children. You still have a chance for visitation if you can show that you are a caring parent with good intentions.  Contact a Divorce Attorney When you have a domestic violence restraining order against you, you need to have the best defense prepared for the trial, especially if the DVRO is a fraudulent order requested by a spouse trying to discredit you. DVROs have the power to remove weapons from your possession potentially, order supervised visitation for just a few hours per week, or deny any visitation at all. Contact my office for a free consultation to discuss your DVRO case to figure out what your options are and how we can help you. [yotuwp type=”videos” id=”iQuSD1NxYyo” ]

If you are getting a divorce with children involved, you and your soon-to-be ex-spouse may have different ideas on who should have primary custody. If that is the case, you’re likely to face a fully-fledged custody battle in court. Although it is perfectly understandable to be frustrated, angry, and resentful toward the other party, disparaging spouse during custody battle may very well hurt your case. This is particularly true if you talk badly about the other parent to your child or another person while your child is in earshot. Here’s why you should be cautious and keep any discussion of your feels about your soon-to-be ex-spouse confined to yourself. This Will Cause Conflicting Feelings in the Child Even reasonably amicable divorces are complicated for children, but those in which one or both parents have allowed their anger to take control over their words and actions may suffer lasting emotional damage. One of the worst things you can do is make children feel like they have to choose between you or their other parent. Often, the parent who does the most disparaging is the one who pays for it later on when their children resent them well into adulthood. This May Be Used Against You in Court Disparaging spouse during custody battle is likely to be looked at unfavorably by the judge. In some cases, it can even be considered parental alienation. Especially if you tell your child that the other parent doesn’t love them, make false allegations of abuse, or by asking them to spy on the other parent. Besides in-person conversations, you should also be careful about what you say on social media about the other parent or the divorce in general. You may believe that the conversation is taking place privately. However, private digital discussions often find their way to the light of day. Excluding the other parent from actual events such as birthdays, holidays, and school plays may also be considered alienation. In extreme cases, the other parent may even bring civil charges against a parent who has caused significant damage to their relationship with the child or children. Contact Mohajer Law Firm Please feel free to contact us for a free consultation. As a contributing member of the family law section of the Los Angeles County Bar Association with over 12 years of experience, we can help ensure smooth sailing through the often rocky waters of divorce proceedings. [yotuwp type=”videos” id=”1PnUBlvLngc” ]

Once the personal decision for a divorce has been made and the appropriate papers are pending with the court, one of the most common questions our law firm receives is: “How long will it take to finalize my divorce?” Unfortunately, a straightforward answer to this question won’t suffice. Factors Influencing Divorce Proceedings We can’t easily offer a duration estimate for your divorce proceedings because there are too many variables to consider. These include: The cooperability of your spouse (their view on the dissolution of your marriage) Whether there needs to be a division of property The value of the property  Whether there are minor children involved Support issues (financial and custodial) Parental issues (a division of responsibilities) How backed up and efficient the court is Whether you have an existing premarital or postmarital agreement The level of overall conflict between spouses Be Wary of Attorneys Who Claim to Offer “Quick Divorces” It’s not uncommon for us to hear about attorneys or firms who claim to offer quick divorces. This is generally a red flag that they may not take your case seriously. They want to get you in the door, and then they want you to hire them. So, they’ll say what you want to hear: that your divorce will be over quickly. The truth is, it’s always more complicated than that. If you hire a “quick divorce” attorney like this, you may find that you are unpleasantly surprised later on when your attorney not only doesn’t put in the work for you, but the proceedings take longer than initially quoted. Your best bet is to avoid attorneys who promise fast divorces. Any legal expert who readily puts an expected timeframe on divorce should be suspect. With that said, we certainly understand that having a timeframe in mind helps you organize your life better when you’re getting a divorce. And the good news is that we can tell you X, Y, or Z factors may delay your divorce finalization — or speed it up. For example, a consensually-agreed upon divorce where no dependents are involved and no property division is necessary will usually take less time to finalize. Compared to a divorce where one party is not cooperating, children are involved, and the level of conflict is high. We want you to know that nothing is set in stone when it comes to divorce proceedings. It’s best to be ready for anything, and at the same time, work for the best and quickest outcome. Our Mission Is to Represent Your Best Interests While our firm may not be able to tell you an exact date when your divorce will be over, we offer something much better. Namely, we’re on your side and working hard for your best interests at all times. Your success is ours. If you would like to speak with one of our attorneys about your divorce, please get in touch with us today. We offer free initial consultations so that you can ask questions and gather helpful information before assigning us your case. Call today, and tell us how we can help. [yotuwp type=”videos” id=”BpBZEah9NhM” ]

If you’ve never filed for divorce in California before, the process can seem overwhelming. In some cases, when the spouse does not agree to the divorce, the process can get lengthy and complicated. Request for Order Think of a marriage as a contract, and now you want to break that contract. You suddenly have to deal with the division of property, custody, child support, and spousal support. You must resolve all these issues before the court will enter a divorce decree. However, you could ask the court for temporary relief until your case is ready for trial or until you settle. You ask the court via a motion called a “Request for Order.” Attorneys and the court system often refer to these as RFOs. The RFO allows you to go to court for temporary relief for: Child support. Time-sharing. Spousal support. Stopping one spouse from “wasting” assets – spending money frivolously or hiding assets. Not All Cases Go to Trial When you file for divorce, and your spouse decides they won’t settle, you’ll need to file a petition. If your spouse served you with divorce, you would file an answer and counterpetition. At any point, after a spouse files a counterpetition, you can ask for mediation.  The discovery process will now begin to start. In some cases, you might come to a partial settlement. For example, you might agree on timesharing and child support but not on the division of assets. The portions you compromise on (timesharing and child support) will be incorporated into the final judgment. However, you must go to court for the parts you cannot agree on (the division of property). A partial settlement can significantly decrease your time in front of the judge for the final hearing.  A full settlement means that you do not have to attend a lengthy final hearing, but instead, a short hearing to “prove up” the divorce and ask the court for the last order incorporating the settlement agreement.  When You Have to Go to Court If you and your spouse cannot agree on the issues at hand, the court will make those decisions for you. It will look at the topic at hand and decide based on the bests interests of all involved. The court is mainly concerned that the children have the best outcome for the situation. You might not like what the court dictates, so setting aside your disagreements and working the problem out is often better. However, the court will decide on timesharing, assets, and whether a spouse receives spousal support when you cannot compromise.  We know that the divorce process in California can be stressful. If you are ready to file for divorce or have been served with divorce papers by your spouse, contact Mohajer Law Firm, APC, for a consultation. [yotuwp type=”videos” id=”OxyQWil2VpY” ]