As divorce is almost always a messy situation, it is always prudent to ensure that there is enough professional help that you seek while going through the agonizing process. Divorce litigation is the process of taking divorce settlement matters to court. This is in case there is no settlement that is reached outside of court. If divorce mediators are unable to help in any settlement matters, the case is carried forward to court. While the situation may get inconvenient, it is always better to find common ground and settle disputes outside of the court. However, if it is difficult, here are some steps to expedite the process.
Filing the divorce petition
In California, if a divorce petition must be filed, it must be done so by you or your spouse in the resident county of you or your spouse. The additional stipulation is to also have a minimum of six months of residency in the state. There must be a domicile certificate that indicates that the plaintiffs are both residents and citizens of the area. A temporary restraining order could be filed if either of the party is not consenting with the general decorum and rules of consent and appropriate behavior.
Serving the divorce petition
When a divorce petition is filed, it must also be served with due notice to the other party. Thereafter, the other party must file their Response within 30 days after service of the Summons and Petition. Consent for the divorce filing is not required in California. Essentially, it is much like a regular lawsuit, and in this instance parties sue the other party for divorce.
Seeking temporary orders
After the petition is served and delivered, either party can seek temporary orders regarding custody, child support, spousal support, etc. while the divorce proceedings are pending. These orders are of temporary nature until the case is finally settled in trial or by a negotiated marital settlement agreement as part of a Judgment.
Once the basic foundation is in place, it is important that both parties know their best interests and request information and documentation from the other party through formal discovery requests that may come in useful during the court case.
Even though an official petition is filed, the law allows both parties to try to work out situations amicably by finding common ground and reasonable settlements through divorce mediation. This could be considered to be one last chance to settle matters out of court.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.