Speaking with the Judge

DIVORCE

The Divorce process in California consists of several stages:  initial filings, temporary orders, disclosures, discovery, negotiation, and settlement or trial.  Depending on the complexity of the case and the level of conflict between the spouses, the divorce process can be as short as a few months or as long as a year or more.

A party may request that the Court issue temporary orders that will be in effect until the divorce is finalized.  The temporary orders may include child custody, child support, spousal support, possession of the family residence or other assets, the payment of community property debts, and a variety of other issues.

California is a community property state.  This means that community property law applies to the assets and debts acquired by the parties during the marriage.  Although there are some exceptions, this usually means that upon divorce each party is entitled to one-half of the value of each asset and is responsible for one-half of the balance owed on each debt.

Within 60 days of the filing of the initial papers (Petition and Response), each party must provide the other party with a listing of all assets, debts, income, and expenses.  This is called the Preliminary Declaration of Disclosure.  The Court will not finalize the divorce until these disclosure documents have been exchanged.  During the divorce, each party has the right to request and secure documents and information related to the issues of the divorce.  This is called the discovery process.  This allows each party to gather the necessary information that he or she may need for presentation at trial or to negotiate a settlement.

The divorce will be completed in one of two ways:  either the parties will enter into a written settlement agreement or the case will go to trial.  Approximately 90% of divorce cases conclude with a settlement agreement.  

Whether you reach a settlement or go to trial, the Law Office of Deborah A. Perkins will advocate for you during every step of the divorce process.