Family Law AdvisorŪ
Articles
A Dissolution Timeline
A dissolution proceeding is initiated by the filing of a Petition by one
party. The Petition is then served (either personally or by mail) upon the
responding party. The party originally filing the Petition is known as
the"Petitioner" and the other party is known as the "Respondent". The date
of service of the Petition on the Respondent is important as it commences
the 6-month waiting period between the start of the dissolution and
eligibility to request that the marital status of the parties be terminated
and Judgment entered. If all issues are not resolved at the end of the
6-month period, and you would like your marital status terminated, please
discuss this with me. It is not possible, however, to terminate your
marital status earlier than 6 months from the date of service of the
Petition, and until your marital status is terminated, you are not free to
remarry.
Following receipt of the Petition, the Respondent has 30 days (unless
Petitioner's attorney grants additional time) in which to file his or her
responding statement to the facts. After that time, the case may be set
for a Court hearing.
If there are custody and support disputes, it is customary to file what is
known as an Order to Show Cause (commonly called an OSC) to obtain a
special early hearing for orders for custody and support and for
restraining orders. Custody and visitation disputes 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. Please note that the Conciliation date is
mandatory, and you must appear for that meeting or the Court may order
sanctions, fines or other orders against you, unless cancellation is agreed
to by both parties.
After service of the Petition, the parties may successfully conclude a full
Marital Settlement Agreement providing for equal division of their
community property and for custody, visitation and support of children
and/or spouse.
Where the parties have arrived at such an agreement, that agreement is
incorporated into a "Judgment" which is then signed by the Judge and made
an order of the Court. 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. Normally, an appearance
is not required if both parties sign the Judgment.
In more complex dissolution proceedings, time of trial is usually delayed
considerably to allow time to determine, through "discovery," the fair
market value, amount of encumbrances, etc. of each item of community and/or
separate property. A trial date is usually not requested until all
necessary documentation is completed. "Discovery" may require your
completion of answers to written questions from opposing counsel,
production of documents for opposing counsel to review, or your testimony
before a Court reporter (a deposition), and it is frequently necessary to
employ experts, such as accountants or appraisers, to assist us in these
procedures. We will, of course, confer with you prior to such decisions
being made.
Often, discovery procedures take a great deal of time, and this is done in
an effort to properly represent your interests; therefore, we ask that you
please be patient during this time. Please remember that everything is done
for a reason, and we make every attempt to avoid any wasted time spent on
your case.
In every dissolution of marriage proceeding, it is required (unless the
parties otherwise mutually agree) that the amount of community property and
community obligations be equally divided.
This equal division may 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.
Please note that your agreement and a Court Judgment requiring 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 foregoing statement is meant as a very general guide in the processing
of a dissolution of marriage proceeding. The time and the effort involved
in a particular dissolution proceeding will vary greatly depending upon the
problems involved, such as custody, visitation, determination of the nature
and extent of community assets and obligations, child/spousal support, etc.
Your cooperation and that of your spouse and his or her attorney are very
important factors in enabling us to bring about a reasonable and prompt
resolution.
©1998 LawTek Media Group, LLC
and Aaron Dishon, Esq.
all rights reserved
(The preceeding information is advertising; as defined in and pursuant to Article 9.5 of the California Business and Professions Code)
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