Getting a divorce in California can feel daunting. Many people know that they want to move forward with the process but they feel anxious because they don’t know what to expect. Of course, the best way to know how your individual case is going to go is to call Kendall Gkikas & Mitchell at 909-482-1422 so we can advise you on your specific case. However, generally speaking, the process consists of seven steps.
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A divorce petition is filed
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Discovery
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You decide how to proceed
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Marital Settlement Conference
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Trial date is set
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The trial comes
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The court makes their judgement
The first step is for one person to file a divorce petition and have the other spouse served within it. Once this happens, the person who was served has 30 days to respond to it. If they don’t respond, then the case can continue without them and the person who filed for divorce could get court hearings that involved everything from dividing property to child custody. Once those court hearings are approved, then the respondent has another six months and one day to respond.
Assuming the person who was served with divorce papers did respond, the second step is discovery. This is essentially when both parties share information about property, income, and other information that pertains to their joint assets.
After discovery, you have some options. If both spouse agree, then the divorce can move forward without getting attorneys involved. However, if one or both of the people involved want to go before the court, then they must file an Order to Show Cause. Both sides can then go to court to talk about what they want and why they believe they should get it.
In most cases, no one wants a divorce to be contentious. For that reason, a Marital Settlement Conference is often used to settle certain matters out of court.
If all issues can’t be handled outside of court, then a trial date will be set.
At the trial, attorneys will present each side’s case as well as evidence for the case. When you work with Kendall Gkikas & Mitchell, you can count on us to work tirelessly to ensure you get a fair deal in your case.
Based on what the judge believes about what both side have to say, a judgement will be announced. This judgement is semi-permanent, meaning that it will be in place for the indefinite future but either side can file for a modification if circumstances change significantly enough that a modification is necessary.
The process can be complicated and it can seem to drag on. Your best bet is to work with an attorney who can handle every step of the way on your behalf. At Kendall Gkikas & Mitchell, we are compassionate, experienced, and ready to take on your case. Call us today at 909-482-1422 to set up your appointment.
