Overview of the Family Law Process:

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.

The first step in preparing for a dissolution of marriage includes preparation of the following pleadings:

            (1) Summons;
            (2) Petition;
            (3) Order to Show Cause (for requesting relief at the first hearing);
            (4) Temporary Restraining Orders
            (5) Declarations;
            (6) Income and Expense Declaration;
            (7) Response, if appropriate; and,
            (8) Responsive Declaration to Order to Show Cause, if appropriate.

At our first meeting, we generally prepare all necessary paperwork in order to either initiate the divorce or to respond to the Petition filed by the spouse. These pleadings are then served upon the other party. Once the pleadings are served upon the other party, the Judgment of Dissolution of Marriage can be granted dissolving the parties' marital status, at the earliest six (6) months from the date of service. The purpose of the six-month waiting period is to encourage reconciliation between the spouses, and if in fact a reconciliation occurs during this period, kindly contact our offices and we will see that all paperwork is stopped.

After the pleadings have been drafted and served, the next step is the Order to Show Cause (the initial hearing). Generally, the following issues are addressed at the initial hearing:

            (1) Spousal support;
            (2) Child support;
            (3) Child custody and visitation;
            (4) Restraining orders;
            (5) Use of the residence and motor vehicles;
            (6) Joinder of any pension plans;
            (7) Request for attorney's fees and costs; and,
            (8) Any other miscellaneous relief necessary to maintain stability for
            the benefit of the children and the parties.

The first hearing will normally occur within twenty-five (25) days of the date the OSC pleadings are initially filed with the court, absent any continuances.

At this hearing, the attorneys will argue the case and the courts generally will not take testimony at this time.

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 make other orders against you.

The third step involved in a dissolution of marriage is generally the discovery phase.  Each side will send out a pleading called an income and expense declaration as well as a schedule of assets and debts.  After review it will become clear if the parties have financial issues that need to be resolved or if it is possible to settle the case without future litigation.  

After this review, many times subpoenas are sent out to verify the information provided by the parties. By the time the first three steps are completed, the emotional involvement of the parties has generally subsided to the level where many cases are in fact resolved by settlement. We will then formulate a settlement offer for the purpose of resolving the case in total. Please be assured that no offer of settlement will be made without your knowledge. If the settlement offer is accepted or amendments thereto are agreeable to all parties, a settlement agreement will be prepared. This document essentially indicates which assets will be allocated to the wife and which assets will be allocated to the husband. It will also address the issues of custody and visitation, together with support and all other matters. Once the settlement agreement is signed by both parties and their attorneys, it is filed with the Superior Court in the form of a binding court order.

If the matter cannot be resolved by stipulation, it will proceed to the fourth step, which is trial. Prior to trial there will be a Mandatory Settlement Conference and the parties will meet with a settlement judge or an experienced family law attorney that will try and settle the case.  If the matter is not resolved, the case will proceed to trial, usually within forty-five (45) days of the Mandatory Settlement Conference.