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California Dissolution Proceedings:
In California, one party initiates the dissolution proceeding by filing a Petition. The respondent will then be served the Petition (either personally or by mail). The party originally filing the Petition is known as the"Petitioner" and the other party is known as the "Respondent". Following receipt of the Petition, the Respondent has 30 days (unless granted additional time by the Petitioner's attorney) in which to file his or her responding statement. After the 30-day period the case can be set for a Court hearing.
Once the actual Petition is valid it begins a six-month waiting period between the start of the dissolution and eligibility to request that the marital status of the parties be terminated. Also at the end of that six-month period a Judgment may be entered.
The six-month period allows for time for all issues to be resolved. If such issues can not be resolved in that time-frame, the it is important to call the offices of Hoppes & Associates at 619.644.9500 and discuss the problems. Please note that, in California, it is not possible to terminate a marriage earlier than 6 months from the date of service of the Petition, and until your marital status is terminated, an individual cannot remarry.
In the case of custody and/or child support disputes, a Petitioner will also files what is known as an Order to Show Cause (OSC) to obtain a special early hearing regarding orders for custody and support, and/or for any possible restraining orders. If there are custody and/or visitation disputes, they are now referred by the Court for mandatory counseling at "Conciliation Court" (within the Courthouse) prior to the Court hearing. If an Order to Show Cause is filed on your behalf, a copy will be given to you. Please note the date set for Conciliation and the hearing and immediately call to confirm your presence at both scheduled dates. The Conciliation date is mandatory, and you must appear for that meeting or the Court can order sanctions, fines or other orders against you. This is true unless a cancellation is agreed to by both parties.
Once the Petition has been serviced the parties may successfully conclude a full Marital Settlement Agreement providing for equal division of community property and for any custody, visitation and/or support of children and/or spouse.
When the two parties have completed an MSA – Marital Settlement Agreement, that agreement is incorporated into a "Judgment" which is then signed by the Judge and made an order of the Court. At that point, a personal Court appearance may be required of the Petitioner or the Judgment may be granted upon Petitioner's affidavit without an appearance, in the Judge's discretion. In most cases, an appearance is not required if both parties sign the Judgment.
Should a marital settlement go into a dispute, the time of trial is usually delayed to allow time to determine, through what is called a Discovery, the amount of encumbrances and/or fair market value, etc. of the community and/or separate property. Typically a trial date is not requested until all necessary documentation is completed. Discovery may require the completion of answers to written questions from opposing counsel, producing various documents for opposing counsel to review, or testimony before a Court reporter (a deposition). Discovery will frequently employ experts, such as accountants or appraisers, to help in determining any valuation issues of the settlement. Discovery procedures usually take a great deal of time, and this is done in an effort to properly represent the client’s best interests.
In any case, each dissolution of marriage proceeding requires (unless agreed to mutually by the parties) that the amount of community property and community obligations be equally divided. Equal division can be accomplished by dividing each particular asset between the parties or by awarding one asset to one party and an asset or assets of equal value to the other. If one party assumes the obligation for a community debt, that debt will usually be deducted from the value of assets awarded to him or her in computing the equal division requirements. A Court Judgment which requires one party to pay a particular bill will not relieve the other party of the obligation, in the event of default if it is a joint obligation.
The above materials are provided to you as general information regarding divorce law in the state of California. It is provided to help you have a better understanding of a dissolution of marriage proceeding. The time involved in a particular dissolution proceeding will depend on the problems involved, such as custody, visitation, determination of the nature and extent of community assets and obligations, child/spousal support, etc. The cooperation of a Petitioner and Respondent and/or his or her attorney are very important factors.
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