Divorce laws in every state vary and each local county has its special forms. When filing for a divorce in Los Angeles, you can obtain the forms and fill them out for yourself but there are several legal aspects that need to be taken in consideration.
Some of these considerations are the residency requirements in California and in Los Angeles that you need to meet, and whether or not you and your spouse contest the case concerning financial matters, property or parenting if there are children involved in the case. No matter how simple or complex the process is, it is highly advisable that you get a competent divorce attorney in Los Angeles to assist you. A good divorce attorney can help you guide you regarding the issues of child custody and support, spousal support, and division of property and debt along with other pertinent details.
As you start with your divorce case, filling out the forms can be stressful. Keep in mind that not all the forms need to be filled out depending on your particular case. Consult with your divorce lawyer when in doubt with the forms.
In California, the grounds for marriage dissolution include irreconcilable differences and incurable insanity. In addition, in order to file divorce in the state, you must have been residing in the state of California for 189 days or 6 months.
The divorce proceeding in Los Angeles starts by filling out a petition form to dissolve the marriage. You also need to fill out another form as a notification to your spouse or the respondent that a court case has been initiated and they should respond to it within 30 days. If you are the person who has been served and you fail to respond within the allocated time, the divorce case can proceed without your participation. If this happens, the petitioner would then request court orders concerning custody, spousal and child support, division of property division and other related aspects of the divorce. Before a divorce can be granted, there is a waiting period of six months and one day after the respondent was served.
On the other hand, if the respondent files a response on time, both parties can now proceed with the discovery process wherein they will need to exchange information about property, income and other pertinent information. After this phase, the parties can negotiate a settlement agreement together or with the assistance of lawyers. Another option is that one or both spouses may request that the case go before the court to order certain provisions before the trial. Typically, cases go to court over issues such as child custody, spousal support, child support, or request for restraining orders if domestic violence is an issue.
After the discovery, both parties are encouraged to negotiate and settle any issues outside of court as much as possible during a Marital Settlement Conference.
A trial date is set if both parties cannot reach a mutual agreement and getting court orders for some or all aspects of the divorce is necessary.
In the court trial, your lawyer will present evidences relating to the case in order for you to receive the outcome that you desire. After hearing both sides, the court will then make a judgment or a final decision.
Read this post about why search for divorce records. Click here.
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