Three Phases of the Divorce Process
I believe in empowering you by giving you knowledge about the divorce process. My approach is to look at the process in three phases:
Phase One
One spouse files a petition for divorce. The spouse who is personally served with that petition has 30 days to file a response. Regardless of how amicable or how conflicted a divorce may be, it is a legal process and it must be filed with the courts. I take great care to make certain everything is filed properly and on time.
Phase Two
While the divorce is pending, temporary orders are required to address child custody and parenting time if the parents decide to live in different households. If the spouses are going to live in different households, the question of who will stay in the family home needs to be answered. Child support and spousal support will also need to be addressed, and finances will need to be stabilized.
This is also the disclosure phase. Each spouse is required by law to fully and voluntarily disclose all of their incomes, expenses, assets and debts. Everything must be laid out on the table so that it can be used as a springboard to reach a settlement.
Phase Three
All of the disputes are resolved. Temporary orders are replaced with permanent orders. Resolutions made by agreement are memorialized in a marital settlement agreement. A marital settlement agreement is the goal of collaborative practice, mediation and litigation. However, in litigation, if a settlement agreement cannot be reached between the parties, the case is set for a mandatory court supervised settlement conference and trial.
Discuss the Divorce Process With a Lawyer in Auburn, California
I am family law attorney Chandra E. Miller. Contact me to learn more about how I can help you.
