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.
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