A Brief Explanation On Divorce Process

Legal separation is another type of action, separate from a dissolution, is a legal separation. A legal separation greatly resemble an action for divorce except that the parties are not free to remarry. One major advantage of filing a legal separation action is that, unlike a dissolution, there are no residency requirements.

The grounds of legal separation is dissolution of the marriage or legal separation of the parties may be based on

1. irreconcilable differences which have caused the irredeemable breakdown of the marriage; or

2. incurable insanity.

And in California, a divorce process always takes a minimum of six months, regardless. While it can take longer, it may never be shorter. This is called a waiting period, and the six month time period begins to run after the spouse not requesting the divorce has been served.

If you dont participate in lawsuit, then the spouse that filed the petition for dissolution can attempt to obtain a default judgment of dissolution and have that judgment entered. However, there are important steps that the petitioning spouse needs to take to accomplish that. The spouse who does not file a response risks having orders entered concerning property division, support and custody. It is important that both parities be diligent about participating in all phases of the dissolution process. Once a divorce or legal separation has been initiated temporary orders can be entered for child support, spousal support, custody & visitation and other issues pending a final dissolution.

Exclusive use of the marital house in Divorce Process

A court may order that one party gets exclusive use of the marital residence for a definite time period. The party must bring the appropriate motion including valid reasons as to why that party should get exclusive use. The court may order exclusive use if, for example, there are allegations of domestic violence and the spouse and or the children are in danger. In fact, even if the abused spouse does not have legal or equitable title to the property the party who owns the residence may be ordered by the court to leave. In the event you make significantly more than your spouse, or he/she does not have a job, you may have to pay a contributive share of his/her attorney fees, which will be based on his/her need and your ability to pay.

Mediation

Mediation is the most practical and healthy choice for a person to make when facing a divorce. It helps you avoid the stress of litigation, saves you money, and helps you put the unpleasantness of divorce behind you as quickly and peacefully as possible. Mediation is the most practical and healthy choice for a person to make when facing a divorce. It helps you avoid the stress of litigation, saves you money, and helps you put the unpleasantness of divorce behind you as quickly and peacefully as possible. And mediation allows the divorcing couple an objective forum in which to discuss their individual needs and work out a settlement of property, support, custody and visitation issues. The parties meet and work together with the mediator towards a settlement that is fair and agreeable to both parties. The settlement is then put in the form of a written agreement by the mediator. The written settlement agreement is then reviewed by another attorney of each party's choice and is processed through the court by that attorney without the need for intervention by the court. Mediation is cheaper because it's faster and more direct. Most people come to mediation willing to work on the issues and to learn how to communicate better. That willingness translates into a less expensive divorce because resolving a case is almost always cheaper than taking it to trial. Rather than speaking through lawyers, you speak with each other (with the mediator's help, of course) about your goals and issues. Even if lawyers are involved with your mediation, they aren't spending hours and hours in court waiting for the judge to be free to hear your trial or billing for endless back-and-forth phone calls about the smallest details of your case. Consequently, their fees are typically much lower than in a case which is brought to court to litigate.

If you are willing to try to learn to talk to each other, then it's worthwhile to try mediation. Mediators have been professionally trained to help people to build agreements and to learn to communicate with each other. If you're willing to try, mediators can get you talking.

Even if you cannot agree on everything, you will probably be able to agree on some things. Each issue that you resolve in mediation translates into less time in court, less legal fees and less aggravation for you. And, for those issues you could not agree upon, at least you understand what those issues are, and where you stand. At the very least, you will feel like you tried your best to reach an agreement before resorting to court intervention.

Sometimes new information, proposed solutions, or the passage of time makes it possible to resolve a previous disagreement, so even if you don't resolve your issue immediately, you may be able to resolve it a week or two later, without having to go to court. Because mediation is flexible, you're free to schedule an additional appointment at any time. You're also free to stop the mediation at any time if you don't feel you're making progress toward resolution.

Whether the children meet with the mediator depends upon a number of factors. Some counties have a policy that the first mediation session only involves the parents, and that the mediator could request that the parents bring the children to a subsequent mediation. Other counties have a policy that the children should be brought to the first mediation, and depending upon the age and emotional maturity of the children, the mediator will then meet with them.

So please, think twice if you really want to divorce, since your children will be the one who gets suffered in the process.

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