Tag: <span>Divorce Complaint</span>

Divorce

Divorce Litigation in CA

Divorce Litigation in California

Divorce Litigation in CA

In California, divorce litigation is a type of contested divorce. This process takes place in an official courtroom setting, where both spouses have the opportunity to make arguments and present evidence before a judge (usually through an experienced family law attorney). 

Unfortunately, divorce litigation takes a lot longer than other types of divorce. It’s also more expensive, and offers less control over the outcome, meaning it’s not always the best option, for those who have other choices. 

To help you get started, here’s what you need to know about divorce litigation in California, how it compares to other types of divorce, and what Maples Family Law can do to help you navigate these important matters. 

Contested Divorce and Litigation

Divorce litigation (or, “divorce trial”) is a type of contested divorce, which takes place in a formal courtroom setting—complete with judge, gavel, and surely courtroom bailiff. 

In contrast to an uncontested divorce, “contested” divorce simply means that you and your spouse disagree about how to resolve the terms of your split. It doesn’t have to be emotionally toxic, and can still be amicable.  

Because of its cons, litigation is usually the last stop on the divorce train; a place couples go only after exhausting all other options. When this happens, litigation is initiated by one party filing a divorce complaint. Couples will then begin preparing for trial through a process that’s known as “discovery.” 

At trial, spouses present this discovery evidence before a judge, and make arguments that support their side of the case. Most of the time, these arguments are made through a trusted, family law attorney (though, representation isn’t technically required).

Issues to Settle During Divorce Litigation

Unless you have a valid prenuptial agreement to speed things along, there will be a lot of unresolved issues to sort out, during your divorce trial. 

Some of these questions include how you’re going to:  

  • Divide bank accounts;
  • Assign marital debt;
  • Handle the family home;
  • Split retirement and investments; 
  • Resolve child custody; 
  • Pay child support;
  • Schedule visitation; and,
  • Allocate spousal support.

During your trial, each of these topics will be carefully discussed, argued, and sometimes even analyzed by outside expert witnesses, until a decision can be reached on each one. 

How long all that takes will vary between couples, but it’s not uncommon for divorce litigation to last for months—even years. 

After Divorce Litigation

Once each issue is settled, the terms of your divorce will be compiled into a final divorce order (which you will need to file with the clerk).  

A divorce order contains a listing of every decision made during your trial. It summarizes your negotiations, and outlines how you’re supposed to handle things like property division, child custody, alimony, moving forward. 

In general, spouses have very little say in what goes into a final order. Instead, judges make their own determinations, and you’ll be required to abide by the outcome—whether you like the terms or not. 

Divorce Litigation: Pros and Cons

All divorce types have pros and cons, and litigation is no different. Before starting your journey, we suggest getting familiar with this list, to see whether a trial is right for your situation. 

Litigation Pros

With so many cons, it’s easy to forget that litigation also has its perks. For instance:  

  • You have no obligation to compromise. 
  • You don’t have to communicate with your spouse.
  • The law is applied impartially, and without emotion or bias.
  • Children are better protected from potentially harmful situations.
  • Judges can subpoena hard-to-reach information out of your spouse.   

In short, litigation alleviates you from having to strong-arm your spouse into cooperation. Instead, the California judicial system does that for you. 

Litigation Cons

Court trials are often glamorized on T.V. In reality, though, litigation has a lot more cons than pros. 

Case in point, during divorce litigation:

  • Everything takes more time. 
  • You’re at the mercy of an overworked, overbooked, judicial system. 
  • You’ll spend more money than you think. 
  • You’ll have less control over the outcome. 
  • You might not like the judge’s decisions. 
  • The environment is emotionally toxic.
  • You’ll be more stressed. 
  • Your children will have a harder time coping. 
  • The transition to your family’s new normal will be harder.  

In short, litigation is time-consuming, emotionally draining, and comes with a fairly hefty price tag that almost everyone would be better off without. Drawbacks that make litigation one of the least desirable ways to get divorced. 

How to Make Litigation Better

Despite the downsides, in some situations, divorce litigation might be your only option. Hence, to help your trial go faster (and run more smoothly), here are three tips you should keep in mind. 

1. Come to Court Prepared

Being prepared can go a long way to making your process run like clockwork. This means coming to court ready to participate in the day’s agenda. It means doing your research. Having all your documents together. And never missing a deadline. 

Preparation saves valuable time in the courtroom, keeps cost to a minimum, and helps mitigate the chances of unexpected surprises cropping up at a future date.

2. Don’t Dig in Your Heels

Technically, you don’t have to compromise during litigation (after all, that was one of the perks, right?) That being said, just because you don’t have to, doesn’t mean you shouldn’t.  

Couples who dig in their heels and argue about every little thing are the ones most likely to end up with years-long divorces. Not only does this back and forth drag down your timeline significantly, it also drives up your bottom line, and creates an incredibly toxic environment that’s hard on everyone—especially young children. 

At the end of the day, your judge is going to make decisions, with or without your cooperation. However, engaging in thoughtful compromises can go a long way toward securing a quicker resolution. 

3. Avoid Litigation at All Costs 

Finally, we hate to be the bearers of bad news and all that, but in all seriousness? The best way to make divorce litigation better is to simply avoid it, altogether. 

Contrary to what Hollywood might have you believe, litigation is not the only way to dissolve a marriage—in fact, it’s probably the worst. Because despite its few benefits, no other process is as time-consuming, expensive, or aggravating as a divorce trial. 

That’s why, rather than heading straight to the bench, we recommend you try an alternative method of dispute resolution, first. 

Two examples of this are mediation and collaborative divorce. Each of these processes takes place out of court, is faster, less expensive, and gives the spouse more control over the outcome. With so many benefits (and very drawbacks), there’s no reason to at least try one of these methods, before heading to trial.

If you’re unsure, an experienced family law attorney can help figure out if one of these methods would work better for your situation. 

Are You Preparing for Divorce Litigation in California?

Trials might not be all they’re cracked up to be, but if you’re unable to reach an agreement outside of court, you might not have other options. Luckily, with the right attorney, your day at court doesn’t have to be as stressful as you might be thinking. 

For more questions about divorce litigation in California—and what other options you might have—we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help you through this important life transition. 

Inspiration and Hope from Dr. Thomas Maples

Dr. Thomas Maples is a business development consultant for Maples Family Law. His podcast, A Sacred Journey, Inspiration VLOG, and Blog are a free resource open to all who need a little help navigating life difficulties.

More from Dr. Thomas C. Maples

Divorce

Final Divorce Order

Divorce involves a lot of really important decisions. Which means that—between dividing property, divvying up child custody, and figuring out mortgages (not to mention, family pets)—you’ll have a lot to keep track of, post-divorce. 

Luckily, there’s one document that’ll have all the answers: your final divorce order. 

A final divorce order is a legal document containing all of the decisions made during your divorce. Once approved by your judge, these terms are non-negotiable, and are fully enforceable under California law. 

Here’s what you need to know about final divorce orders in California, and how Maples Family Law can help you get the best results possible. 

 

What is a Final Divorce Order?

In California, a final divorce order (or “divorce decree”) is a document that formally ends your marriage, and is something you’ll receive at the conclusion of your divorce proceedings. 

Not to be confused with a “divorce certificate” (which merely acts as proof of your marital dissolution), a divorce decree is a judicial order that contains a summary of all the decisions made during your divorce, including all of the rights and responsibilities that will govern your post-divorce life.

Since every divorce is different, no two final orders will look exactly the same. However, some of the items that may be addressed in your final order could include: 

Since a decree is essentially just a summary of your divorce negotiations, these terms shouldn’t surprise you. (If they do, then you should probably notify your attorney, immediately). 

Exactly how much control you have in deciding these terms can actually vary significantly, however, depending on what type of divorce you choose.  

 

Divorce Types and Divorce Orders

There are some things about a divorce order that are simply non-negotiable (such as child support minimums, which are set by California law, and can’t be messed with). But there are other areas that you and your spouse can exert control over—some more than others, depending on how well you’re able to communicate—and the type of divorce you choose. 

Here’s a closer look. 

 

Uncontested Divorce

In California, the fastest way to a final divorce order is through an uncontested divorce. 

In this type of divorce, both spouses agree on all the major terms of their breakup, and, with nothing left to “fight” about, these couples can achieve a split by simply compiling their terms into a “marital settlement agreement.” 

To be valid, this agreement must be signed by both parties, and should address your collective decisions about property, alimony, and children (if applicable). At your hearing, a judge will review this paperwork, and incorporate the terms into a final divorce order (so long as your arrangement is fair to both sides). 

Although it’s the most direct path to a final divorce order—and offers the most control—this type of divorce generally only works for short marriages, those with very little property and no children.   

 

Divorce Mediation 

The next best thing to an uncontested divorce route, is through divorce mediation. 

Divorce mediation is an informal negotiation process that takes place outside of court, and is sometimes required if you have children. These meetings are supervised by a neutral, third party “mediator,” who acts as a referee, and helps couples reach a settlement without need of a judge.

If successful, the agreement you reach will be codified into a settlement agreement, and submitted to the court for review (much like in an uncontested divorce). In order to be binding, this document must be signed by both parties, and—for best results—should be overseen (and approved) by your trusted family law attorney.

A judge will review this agreement at your hearing, and—so long as it meets certain requirements (such as state child support minimums)—these terms will be incorporated into a final divorce order. 

Another alternative dispute method you might try is collaborative divorce. However, if neither of these options work, you’ll have to proceed on to a divorce trial. 

 

Divorce Litigation

Not only is litigation the longest route to a final divorce order, it’s also the least loved. This is because it’s—by far—the most expensive and time consuming of all divorces. In addition, this path offers couples the least amount of control over their final outcome, and is the most stressful and emotionally draining.  

In a divorce trial, both sides gather evidence, which will be presented to the court in an attempt to sway a judge one way or the other. Each and every issue—from property to alimony—must be settled this way. And, at the end of this laborious process, you are presented with a final divorce order that consists of decisions you had very little say in making.  

Hence, we suggest avoiding this route, if at all possible.

 

Enforcing a Final Divorce Order

You may not like them, however, once finalized, the terms of your final divorce order are non-negotiable. In California, divorce orders are fully enforceable, and failure to comply can result in some fairly hefty financial and/or legal consequences. 

Some of these consequences could include wage garnishments, fines, liens, arrests, jail time, and even contempt of court (a serious criminal charge that will go on an offender’s permanent record). 

Before you head back to court, however, try talking to your ex, first. Oftentimes, noncompliance is a result of a simple understanding, or else vague terms that need clarification, and can be resolved without judicial interference. 

If there are legitimate reasons things aren’t working, talk to your attorney about modifying your order. As a general rule, contempt of court should always be a last-ditch resort. 

 

Do You Need Help Finalizing Your California Divorce?

Divorce orders have a huge impact on post-divorce life. This document will govern important financial decisions, influence family dynamics, and affect you for years to come—even into retirement. Which is why it’s so important to make sure it’s drafted correctly, the first time around.  

If you have more questions about final divorce orders in California, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help you negotiate the best terms possible.

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Divorce Complaint

So you’ve decided to get divorced… Now what? 

Like all lawsuits, starting your divorce begins with telling the court. And, in California, this is done by filing what’s known as a complaint.  

A divorce complaint (also known as a “petition for divorce”) is a legal document that initiates divorce proceedings; it notifies the court of your intentions to dissolve your marriage, asks for their help in doing so, and provides them with the necessary information to help get it done. 

Here’s what you need to know about how to file a divorce complaint in California, and what the Maples Family Law team can do to help you start your divorce process. 

 

Before Filing Your Divorce Complaint

A divorce complaint might mark the official kick-off of your proceedings, however, the process actually begins before you start filling in the blanks. 

Before you file your divorce complaint, you’ll want to pause and consider these three things: 

  1. Residency Requirements. At least one of you must have been a resident of the state for at least six months, prior to filing for divorce, and a resident of that particular county, for at least three.
  2. Type of Divorce. The type of divorce you choose will play a large role in the overall tone of your process. Pay particular attention to whether you qualify for an uncontested divorce. If not, alternative methods such as mediation and collaborative divorce are still much less expensive and time-consuming than traditional litigation.
  3. Select Representation. While you aren’t required to have an attorney, the state of California highly recommends it. An attorney can help you avoid expensive—sometimes irreversible—mistakes, and will ensure your interests are fully represented at all times. 

At some point during your divorce, you will inevitably be forced to contemplate each of these three questions. These pre-game warmups will help you determine where you want the direction of your divorce to go, and help you avoid pitfalls, once you’re there.

How to File Your Divorce Complaint

Once you’ve checked all the boxes for your pre-game warm up, it’s time to file your petition for divorce. While there are a lot of small nuances that will go into this, it can essentially be summed up in three basic steps. 

 

Step 1: Acquire and Complete Petition

Your petition for divorce marks the official beginning of your divorce. However, in order to help you, the court will need some important personal and procedural information about your situation (which should be included in your petition). =

Before you sit down to fill out your divorce complaint, make sure to have the following information on hand: 

  • Your personal information.
  • Your spouse’s personal information. 
  • Your type of separation (i.e. legal separation, divorce, annulment, etc.).
  • Your grounds for filing for divorce.  
  • Your dates of marriage and separation. 
  • The names, identification, and personal information of any minor children that you share—whether biological or adopted. 
  • Your custody preferences. 
  • Your intentions to seek alimony. 
  • All separate property.
  • All of the community property (including debt). 
  • Whether or not you’ll be seeking attorney’s fees. 

This is the same form you’d use to initiate a legal separation, an annulment, and to terminate a domestic partnership. So it’s important to make sure you’re checking the right boxes when filling out this information. 

 

Step 2: Complete Additional Paperwork

While your petition is certainly important, it is only one aspect of filing for divorce, and, in California, there will likely be other documents you’ll need to include in your packet, before filing.

These documents will vary, depending on the unique circumstances of your case (such as, whether or not you have children). However, some of these additional divorce documents will likely include:

  • Summons
  • Proof of Service of Summons
  • Declaration Under Uniform Child Custody Jurisdiction and enforcement Act (UCCJEA) 
  • Child Custody and Visitation (Parenting Time) Application
  • Property Declaration 
  • Declaration of Disclosure
  • Income and Expense Declaration
  • Schedule of Assets and Debt

When in doubt, best to talk to a family law attorney. Divorce errors can be costly, and can sometimes require you to refile. Hence, it’s best to make sure you have everything you need the first time around. 

 

Step 3: File Your Paperwork 

Once you’ve gathered and completed all the necessary forms—and have made at least two copies of everything for your personal records—it’ll be time to file these things with the court. 

Divorces are handled at the county level, so you will need to submit these documents to the county courthouse over your jurisdiction. 

At this time, you’ll also be expected to pay a filing fee. In California, the filing fee for divorce is $435. If you can’t afford this amount, then make sure to include a fee waiver in your stack of documents to file. 

 

After Filing Your Divorce Complaint

After you have successfully submitted your completed divorce documents to the court, there is still one thing left to do, before you can relax: execute proper service on your spouse. 

Service of process is a fancy legal phrase for, “tell your spouse you filed for divorce.” Except, in order for it to count, it must be done properly. This usually requires someone other than you to hand deliver copies of all paperwork to your spouse, and to return proof of service to the court.

A spouse who has been served with divorce paperwork has thirty days to respond. If they don’t, a judge could enter a default judgement in their absence. If they do respond, then you’ll both proceed on to either divorce settlement negotiations, or into preparations for trial.

Either way, the most successful outcome for you lies in making sure you have a trusted family law attorney fighting at your side. 

 

Do You Need Help with a California Divorce Complaint?

Divorce law is complicated and highly nuanced, and–on your own–filing for one can be a daunting task to undertake. However, with an experienced attorney showing you the ropes, it doesn’t have to be as stressful as you might be thinking. 

For more questions on how to file a divorce complaint in California—or what to do if you’ve been served with one—we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help guide you through this important process.  

Anna Y. Maples Maples Family Law



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