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The Divorce process begins with the filing of a Petition, which establishes jurisdiction and opens a case with the Superior Court. Many, if not all, issues of the divorce will be handled during the six month mandatory waiting period following service the Petition for Dissolution. Issues such as child custody, child support, and spousal support take priority and are generally discussed prior to division of community property. These matters can be handled by out of court agreement, in court mediation, or at trial on the issues.
Marital Settlement Agreements are the most cost effective approach to resolving divorces and often produce results that both parties can be happy with. Settlement agreements have the added benefit of eliminating the need to appear in court, thus preventing unnecessary time off work, airing of private matters in a public forum, and the risk of a adverse decision from the court.
If a Marital Settlement Agreement or a Stipulation on limited issues is not possible then we will file a motion with the court on your behalf, taking the time to draft effective motions to maximize the results in your case. Motions are general meant to cover limited issues such as custody, support, and visitation.
Larger issues requiring presentation of evidence require setting the matter for trial. These long cause matters are hearings in which we schedule time with the court to present the testimony, law, evidence that the judge needs to have to make a proper ruling. While trials are limited in their use due to cost and time requirements, they can become necessary when important issues are in dispute and a trier of fact is needed. Having an attorney well versed in the evidence code and able to effectively present evidence is an absolute necessity for these very important issues.
Divorce Summary:
The Divorce process consists of several stages beginning with the filing of the Petition for Dissolution. Once the Petition has been filed and the other party has been served, California has a minimum stay of 6 months and one day before a Divorce can be finalized. During that time things such as child custody, child and/or spousal support and division of the assets and debts is determined. The best way to do this is a Marriage Settlement Agreement, however if you cannot reach an agreement, you can file motions with the court to attend mediation, or court trials if necessary. Once these issues have been settled and all of the documents that the court requires have been filed, then a final judgment is prepared and entered.
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Call our office to schedule an appointment with a lawyer today!
Areas of Practice:
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Divorce
Spousal Support
Child Custody
Child Support
Prenuptial Agreements
Domestic Partner Cases
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Post-Marital Agreements
Marital Settlement Agreements
Property and Asset Valuation
Property and Asset Division
Paternity Tests
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Serving: Stockton, Manteca, Tracy,
Lodi, Ripon and Surrounding Areas
Free 30 Minute Consultation
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