Fullerton Divorce Lawyer & Family Law Firm – Get Help For With Child Custody, Child Support, Visitation Rights, Spousal Support/Alimony, Property & Asset Division, Fathers Rights etc
Finding the right Fullerton divorce lawyer near you to handle your Fullerton divorce case can be daunting. It is important to understand the basis of California family laws.
California is a ‘no-fault divorce ‘state. Therefore, a party need not accuse the other of misconduct. If the marriage can no longer stand due to incompatible differences, either of the parties can get a divorce.
Because of how complicated divorce cases are, it is to your best interest to consult with local Fullerton divorce and family attorney to get your options about your situation.
What are The Grounds For a Divorce?
Fullerton divorce cases follow the Califonia family law codes which basically says that dissolution of marriage can be given where the court is satisfied that there exist “irreconcilable differences” which caused the marriage breakdown. Therefore, even where one party may be unwilling to end the marriage, the other can successfully file a divorce. Another ground for divorce is incurable insanity which should be proved by a medical expert.
What Is The Procedure To Obtain a Fullerton Divorce?
If an individual has been married for a period of fewer than five years, does not have real estate, have no children, and have limited debts and property, he or she may obtain a summary dissolution of marriage.
This is a very simple process and it does not require the parties to appear before a judge. However, you might want to seek a divorce attorney help to make sure that all the paper works are done correctly with the court.
The parties only need to create an agreement of dept. and property division. The agreement should then be filed alongside other divorce petition documents. This process does not require individuals to go through many procedures. However, the parties still need to wait for six months before the divorce is finalized.
If you fail to meet the requirements of a summary dissolution of marriage, the process will be as follows:
- One party files a petition for divorce and serve the other spouse.
- The respondent files a response within thirty days
- Either party may apply for a temporary order to show cause hearing. During this hearing, the judge has discretion to make temporary support, restraining and child custody orders.
- The parties then exchange documents and information through a process called discovery. Discovery helps in the Preliminary Declaration of Discourse where each spouse discloses separate and community property. Parties disclose and exchange expense and income declarations.
- After the discovery, the parties are given an opportunity to settle their case through their lawyers. In case they agree, Marital Settlement is prepared by one of the attorneys.
- If the parties cannot agree, a trial will begin.
- After both spouses approve the Marital Settlement Agreement or after the trial’s conclusion, Judgment of Dissolution of Marriage is drafted by the Fullerton divorce lawyer who is representing the party. This document has all court orders. After filing of the judgment, Notice of Entry of Judgment is mailed to each attorney.
Next Step: Contact A Family & Contested/Uncontested Divorce Attorney Fullerton For Consultation
Please call the number on the website now for a 24/7 no obligation consultation from an experienced Fullerton divorce lawyer.