What If I Am Notready To Proceed Forward With The Hearing And I Need A Continuance
Requesting it and getting it are two different things.
It is common for the initial request for order to be continued by an agreement if there is a good reason for it.
If done by agreement, the lawyers for each side speak and then call thecourt clerk to schedule the new court date. That is subsequently confirmed in writing, and sometimes a notice of continuance is served.
The California divorce process does not mandate whether a court mustgrant or deny a continuance. So long as there is a good cause, the process givesthe court significant discretion.
Cost Of A Request To Produce Documents
The amount of time spent on requests to produce documents depends on how many requests are served and what is needed.
One of the challenges of divorce litigation is not knowing what the other spouse knows.
The more secretive or unreasonable one spouse is about assets or debts, the more discovery may be needed to flesh out information.
Drafting these requests to produce documents may take hours, although most experienced family law firms have certain templates they use for standard requests. Responding to such requests may take significant time.
How Long Will A Divorce Take In California
Typically, a divorce in California takes eight to 20 months from start to finish, though some take much less or much more time. The average length of time to complete a divorce in California is 15 months, from the day the divorce is filed to the day the divorce is granted. Divorce cases take a few months longer, on average, if there are children involved.
How long your divorce will take depends on a variety of factors, including:
- How many “contested” issues there are in your case, or how many issues you and your spouse disagree on
- Whether you have significant assets or a business
- Whether one of you is seeking spousal support
- Whether both of you want the divorce and are ready to move on
- How responsive you and your spouse are
- Whether the court’s calendar is backed up
- How busy you, your spouse, and your respective attorneys are
If you and your spouse can agree on all issues, also known as an uncontested divorce, then the process can move quickly. However, California has a mandatory waiting period of six months. That means that even if you agree on everything and turn your paperwork into the court and the judge approves your divorce in a short time, six months have to pass from the day you started the case before the divorce can become official.
On the other hand, some divorce cases can end up taking years if issues are highly-contested and a long court battle ensues. The saga can continue if one spouse decides to appeal a judge’s decision.
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How Is Property Divided In Nevada
Nevada is a community property state, meaning that all income and assets acquired by either spouse during the marriage belong to both spouses equally.
This means that in the absence of an agreement between the parties the judge will determine what is marital property and will divide it evenly between the two spouses. Marital property includes debts as well.
Even if there is an agreement between the parties, the judge will make sure that it treats both sides relatively fairly.
If there is a major difference between the relative economic positions of the spouses, a court may deviate from a 50/50 split of community property. This is especially true if one spouse has a lot of separate, non-marital property but would be unable to pay alimony to offset the difference.
Non-marital property includes any property owned before the marriage, property that was gifted to one spouse individually, property obtained as personal injury damages or property that was inherited by a spouse.
What Is The Basis I Can Seek An Emergency Child Custody Request And Order
California Family Code 3064 states:
The Court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California. “Immediate harm to the child” includes, but is not limited to, the following: Having a parent who has committed acts of domestic violence, where the Court determines that the acts of domestic violence are of recent origin or are a part of a demonstrated and continuing pattern of acts of domestic violence. Sexual abuse of the child, where the Court determines that the acts of sexual abuse are of recent origin or are a part of a demonstrated and continuing pattern of acts of sexual abuse.
We encourage you to read our page on ex parte hearings in California family law cases.
Emergency applications are one of the most abused aspects of the California divorce process.
Too many spouses and lawyers file applications and claim there is an emergency when there is not one. The facts do not justify such a request.
A court may deny an ex parte application even if a parent believes there is an emergency. As an example, read our article on actor Jaime King’s divorce with her Kyle Newman.
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Divorce Mediation In California
While a judge rules on contested issues when necessary, it saves time, money and often emotional energy when spouses can resolve as many issues as possible outside of court. The mediation process lets divorcing spouses do this with the help of a neutral, unbiased mediator.
Ideally, they come away with a signed, binding agreement on the terms of the divorce, forgoing the need to go to trial. In cases that require both mediation and litigation, a mediator can still help maximize the extent of agreement and streamline an eventual trial. Mediation is always voluntary in California except in divorces with a dispute over child custody.
Can A Spouse Deny A Divorce In California
Fault in other states may include adultery, abandonment, or abuse In California, the only reason a person needs to get a divorce is that the person wants out of the marriage You do not need your spouse to agree to end the marriage or sign the divorce documents.
Refusing to sign divorce papers within the 30-day window in California will result in a default divorce A default divorce means the petitioner does not need to go to court to complete the dissolution of the marriage Instead, the petitioner can handle the case by mail or a short meeting with a judge.
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Contested Versus Uncontested Divorce
The cost of divorce in California is significantly less when you dont go to court. As you can see from above, attorney fees make up a large portion of the total expenses. In California, the average hourly fee charged by divorce lawyers is $330 per hour, ranging from $150 to $500+.
When you increase the need for an attorneys time and expertise drafting and filing motions, facilitating discovery, managing depositions, negotiating with opposing counsel your costs will quickly add up. Also, keep in mind that many of these expenses are doubled since each spouse has their own attorney. This doesnt include court fees and the hiring of other related professionals, such as expert witnesses or psychologists.
As you can see, the cost of uncontested divorce in California can be drastically less. But if you and your spouse are at odds on a number of issues, what other choice do you have?
Child Custody In California
The primary guiding principle in determining child custody in a California divorce is what is in a childs best interests. This will apply to both legal custody and physical custody. Courts will use many factors to determine this:
- The age and health of your child
- The emotional ties a child has to each parent
- What your childs preferences are, especially if they are a bit older
- The ability of each parent to care for the child
- What childcare and after-school care arrangements are available for a child if both parents work?
- Are there any instances of domestic violence in the marriage?
- Are there any issues of child abuse?
- Are there any parental substance abuse issues?
- What is the childs involvement in the community?
- What religious activities is the child involved with?
- Where does the child go to school?
- Where does the child get medical and dental services?
Unless there are negative circumstances surrounding one or the other parent, courts will want an arrangement in which both parents are active and positive participants in their childrens lives.
For this reason, a big part of the divorce process is coming up with a Parenting Plan and submitting it to the court for approval. A Parenting Plan will spell out which parent will have the child and on what days and times this will be the case.
Need help with a parenting plan? Weve got you covered! Check out Our Family Wizard to nail co-parenting with an ex-spouse.
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Is Dating During Separation Adultery In California
The only official reasons for divorce in California are incurable insanity of a spouse or irreconcilable differences Although dating before your divorce is final is considered adultery, the courts do not consider that when deciding to grant the divorce.
There is a minimum statutory six-month waiting period before you can remarry in the state of California Be advised that nothing will automatically happen six months after you file for divorce.
Divorce Costs Without A Lawyer
In an uncontested divorce, spouses may forgo hiring a lawyer to handle their case. According to Nolos survey, this solution will save them $13,800.
Spouses may refuse the services of divorce lawyers if they:
- both mutually seek to divorce,
- want to do paperwork on their own,
- are ready to represent and defend their interests in court,
- do not have significant disagreements that make their case contested, and
- do not have a lot of shared marital property, assets, and debts.
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Is Divorce Right For Me
- Have I done everything within my abilities to repair the relationship?
- Am I really ready for a divorce, or am I reacting emotionally?
- Why do I want a divorce?
- Will a divorce solve the problems?
- Have I accepted that there will be consequences to my decision to divorce?
- Can I handle the unpleasant side effects of divorce?
- Am I willing to take on all of the responsibilities of life as a single person?
How Much Is A Divorce In California
When exploring the divorce cost in California, it is necessary to understand your strategies and visions for your marriage termination. Depending on whether you are open to cooperation with your partner and relevant professionals, you may finalize the divorce quickly and at a considerable price or waste a fortune on a dragged-out process.
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Alimony And Child Support
When one spouse earns more money than the other, divorce negotiations will likely involve discussions about alimony, spousal support, or child support if the couple has children and one parent obtains majority custody. A higher-earning spouse may need to pay alimony or spousal support to the lower-earning spouse to help him or her maintain a reasonable lifestyle until he or she is self-sufficient. A prenuptial agreement may have a clause concerning alimony rights, but a judge may or may not enforce this depending on the nature of the prenuptial agreement and other aspects of the divorce.
If child support comes into play, the court has an obligation to ensure the children in the divorce receive appropriate financial support from both parents. The noncustodial parent typically pays child support to the custodial parent until the children reach the age of 18 or meet the stipulated age in the child support agreement. For example, a divorcing couple may agree to continue child support until their children complete their educations.
California is one of the most expensive states for divorce for several reasons, and anyone expecting to divorce in the near future should consult with an experienced divorce attorney about what to expect from the process.
If you are going through a separation or divorce and you need answers to your questions, or you are seeking to learn your best options available, you can schedule a consultation to talk to one of our MTSA expert family attorneys.
How Do I Respond To A Request For Temporary Orders
You have the opportunity to tell the judge your side of the story by filing paperwork with the court before your hearing date. The paperwork always starts with a form called a Responsive Declaration to Request for Orders . This form will give you a list of typical issues brought before the judge, including: child custody, visitation, child support, spousal support, and attorney fees. There is also another catch-all category of other, which allows you to request orders that fall outside of those general issues. Your job is to respond only to the issues addressed in the Request for Orders.
For example, if your spouse requests child custody and visitation orders, you need to tell the judge if you agree or disagree with the requested orders. If you disagree, you should state what you would like the judge to order. A Responsive Declaration is not the right paperwork for asking the judge for orders that are not part of the Request for Orders. Therefore, if your spouse asks for custody and visitation orders, you should not be responding by asking the judge for spousal support.
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What Can You Not Do During A Divorce
The Donts of DivorceDont take matters into your own hands Dont go against court rulings Dont expose your kids to your animosity Dont confide in your kids Dont try to be a hero Dont rush into another relationship Dont forget to be a parent.
10 Common Mistakes People Make During Divorce10 Common Divorce Mistakes#1 Failing to Sever Financial Ties #2 Overlooking Pensions #3 Taking Advice From The Internet / Social Media or Friends & Family #4 Going Straight to Court #5 Doing it by Yourself #6 Involving Children in Your DisputesMore items.
Talk To A San Bernardino Attorney Today
Getting a divorce in California can be a costly endeavor. It is not unusual for a complex divorce to cost anywhere from $10,000 to upwards of $80,000. However, if cost is a concern, there are several ways that you can control how much you ultimately have to pay. The most accurate way to control costs is to set out areas that you and your spouse both agree on prior to consulting with an attorney.
Some areas to discuss include the following:
- Child support and custody
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Whats The Difference Between Spousal Support And Child Support
Both spousal support and child support represent forms of financial support from one spouse to another, but each is legally distinct and calculated in a different way. Spousal support provides the party of lesser means financial help toward any expenses post-divorce, while child support is only for the costs of raising a child.
Is There A Difference Between Spousal Support And Alimony
Practically speaking, there is no difference between spousal support and alimony. While the term alimony is gender neutral by definition, it was constitutional for states to only permit alimony from husband to wife until about 1980.
Alternate terms for alimony are supported in part because they sidestep any unnecessary correlation with gender, acknowledging realities for marriages where a female spouse is the highest earner and for same-sex marriages. Spousal support is the term used in the text of California family law.
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My Spouse Keeps Changing Lawyers And Asks For Delays Can I Stop This
Several options are available when something like thishappens, and our family law firm has specific experience with this issue.
Spouses who keep firing lawyers to delay cases should have a sanctions motionfiled against them.
Also, any continuance requests they make should be opposedwhen that continuance request is unreasonable.
You have more control than youthink. When a spouse engages in this type of conduct, your family law attorneyshould speak with you about your options in this regard.
How To Contact Our Experienced Divorce Attorneys
Filing for divorce in California doesnt have to be a headache. Our San Diego divorce attorneys at 619 Divorce are standing by, ready to help make your divorce case as simple and stress-free as possible. Call our firm today at 503-3050 or visit our website for more information about how to get divorced online in California.
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How To File For Divorce In Nevada
Before you can file for divorce in Nevada youll have to meet the residency requirements. These are:
- One or both spouses must have lived in Nevada for six weeks prior to filing with the intent to remain there, or
- The reason for the divorce occurred within the county where the divorce is filed then you can file immediately and need not be present in the state for six weeks
In the first case, you have to produce a witness who can attest to your presence in the state for at least six weeks and your intention to remain in the state.
Its worth noting, however, that if there are child custody issues in the divorce, the child must have lived in Nevada for at least six months before the divorce is first filed.
You will have to file in the county where either spouse has lived for at least six weeks or the county in which the reason for the divorce arose, and there is no waiting period required after filing. If the spouses agree on all issues and file a joint petition, there is no need for a hearing and the divorce will be granted in short order.
If there are matters unresolved, a trial date will be set and the issues that cant be resolved by the parties will be resolved at trial by the judge.