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Riverside & San Bernardino Divorce Attorney
A General Discussion of Divorce in Riverside, San Bernardino and Hemet by Michael Young, Family Law Lawyer and Divorce Attorney
A divorce proceeding in San Bernardino, Riverside and Hemet, is initiated by the filing of a Petition for Divorce by one party. The Petition is then served on the other spouse who is the "Respondent" in legalese. After the petition is served on the other side, there is a 30 day time limit to respond. Usually the petitioner supports the moving papers with a declaration. The other side can likewise provide a declaration and respond to the "Petitioners" facts. After the initial filing of the petition, the case may be set for a Court hearing. Many people are not aware the all Family Law matters that were handled out of Southwest Justice center in Murietta and Temecula are now transferred to Hemet. Throughout the Family Law process, there may be a few hearings until there is a final judgment in your case.
The date of service of the Petition is important as it commences the 6-month waiting period between the start of the Dissolution of marriage and eligibility to request that the marital status of the parties be terminated. It is not possible 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. This applies to all three family law courts including Family Law matters in San Bernardino, Riverside and Hemet.
Any time after the Petition is served, a full Marital Settlement Agreement may be reached. This provides for equal division of community property, in addition to custody, visitation and support of children and/or spouse. Once an agreement is reached it is incorporated into a "Judgment" which is then signed by the Judge and made an order of the Court. Your attendance in court may be required, but if both parties sign the judgment, your attendance may not be required.
Most issues in family law cases, such as custody and support disputes, come before the court by filing what is commonly known as an Order to Show Cause (commonly called an OSC in Riverside, San Bernardino and Hemet Courts) to obtain a special early hearing for orders for custody and support and for restraining orders. Issues involving child custody and visitation disputes must attend mandatory counseling prior to the hearing (the mediation is at the Courthouse where your case is being adjudicated).
In complex dissolution proceedings the Family Law Trial is usually delayed for a considerable amount of time to determine the fair market value, amount of debt and other assets of each item of the martial estate. A trial date is usually not requested until all necessary documentation and discovery 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). In Riverside, San Bernardino and Hemet, it is frequently necessary to employ experts, such as accountants, actuaries and appraisers to assist in valuing the martial estate.
Throughout your case discovery is constantly taking place and takes a significant amount of time. This is done in an effort to properly represent your interests. While it may appear that nothing is being done on your case because we are not in court, please be patient, because discovery is taking place.
In every divorce the community property and community obligations are to be equally divided. This 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 is usually deducted from the value of assets awarded. Please note that an agreement and a Court Judgment requiring one party to pay a particular bill will not relieve the other party of the obligation. You may still be civilly liable if the other side fails to pay a joint debt.
Please take note that the above statement is only a general guide to a divorce proceeding in Riverside, San Bernardino, and Hemet. However, the amount of time and the effort involved in each case will vary greatly depending upon the problems involved, such as custody, visitation, the extent of community assets and obligations, child/spousal support, etc. Also to be considered in costs is the cooperation or the lack of cooperation between you and your spouse and his or her attorney. Agreements in the proceedings are very important factors in reaching a reasonable and prompt resolution.
Contact us about your divorce matter today.
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