Shattered Truth

Orange County Divorce Lawyer

The divorce process

There are six steps to a divorce. These include:

1. DETERMINING THE PROPER COUNTY AND JURISDICTION

All divorces in the State of California, regardless of whether or not you and your husband are convinced it can work out their disputes, must start with determining which county and jurisdiction to file the petition for divorce.

Many courts California, including Orange County, Los Angeles, San Bernardino and Riverside, there are specialized courts that deal only with family law and divorce matters. These courts handle all issues related to divorce, including division of community and separate property and assets, child custody, child support, maintenance and other related topics.

What is the correct county for your divorce? That depends on many factors, including where you and your spouse have lived. Many times, especially when you and your spouse have separated and have lived apart before either of you files for divorce, more A county may be the appropriate jurisdiction for divorce matters.

However, a sentence of dissolution of marriage (divorce) may not be entered unless one spouse has been a "resident" of California for six months and the county where the divorce proceeding presents for the three months immediately preceding the filing of the petition for divorce.

This "Six-months/three-month" residence requirement applies only to the dissolution of marriage (Divorce) action. There is no residency requirement for filing a request annulment or legal separation.

2. Complete and send a request OF DISSOLUTION OF MARRIAGE

Once we have determined the proper jurisdiction and county for your divorce, one of the two documents must be filed with the court. You can contact California "farzadlaw.com> for more information.

If you are looking for a divorce, we will prepare and file a petition for you "for the dissolution of marriage." In this paper, we will identify what you are looking for (the solution) and why the search (usually "irreconcilable differences").

Remember that California is a no-fault divorce for issues such as infidelity are irrelevant to the divorce petition. However, despite the California system "no-fault, some issues that most relate to" fault "are very important to their divorce. For example, an application for a protection order domestic violence usually requires an affidavit or a declaration shows reasonable proof of a past act or acts of abuse. In addition, in determining the best interests of the child in a contested custody case, the court must take into account history of physical or sexual abuse by a father against his spouse, any children or other persons within the household. The Court also takes into account abuse habitual alcohol or illegal use of controlled substances or drugs.

If your spouse has served you with a divorce and then to determine and ensure that divorce has been filed with the relevant court and county, we will present a "Response" to the request for dissolution of marriage. Weather is short and should not be expected to file a response.

In most circumstances, only have 30 days from the date of the request, served with you to submit your answer. Do not and your spouse can have a "default" against them, except to appear in court or challenging your spouse's requests.

If you have a default against him in his divorce, you should contact us immediately as the time to submit a written request (Request) the court to set aside the default against him is short.

After preparing the petition for divorce, and both you and us to sign, this at the court and serve with a summons on your spouse. That makes the process of running and your spouse has 30 days in most circumstances, to meet demand divorce. If your spouse does not respond to divorce in 30 days, we, at your request, ask the court to enter his "default", that court often does immediately.

If you have been served with divorce, we will prepare a written timely "response" to the request divorce for you, you and we sign it, and present it in court. It will also serve a copy of it to your spouse or your spouse lawyer.

3. THE USE OF DISCOVERY IN YOUR DIVORCE ACTION

Discovery of them has the cunning of his divorce and family law process. Discovery includes serving and respond to interrogatories (written questions) under oath, producing documents under oath, admitting to certain facts under oath and conducting examinations orally under oath (called depositions).

Discovery also allows you to make professional evaluations about your spouse (if your spouse refuses to work, but is able to do so), and independent medical examinations and related when medical or psychological problems of her spouse are relevant to the process divorce. The discovery process in the divorce is not limited to your spouse.

We can issue civil citations and serve other people or entities for their assistance staff in a tank, to produce documents, or both.

Discovery is one of the most important processes in the process of divorce. Unfortunately, lawyers family law, or not many realize the importance of the discovery process in divorce or are incapable of effective participation in the process of discovery.

That is why Farzad Mazarei wealth and experience in all aspects of effective discovery sets us apart.

If your husband is trying to "hide" assets or is playing with the custody or support issues during the divorce proceedings will take place the discovery necessary to expose the misconduct your spouse and more to get all necessary information and documents to him or her.

Also, do not worry about your spouse hiding assets or not being cooperative during the discovery process. If your spouse refuses to cooperate in divorce or otherwise not to produce what we asked of him or her, we will file appropriate motions with the court forcing your spouse to comply with the requests of our findings. The court is often asked to intervene when one party is playing and the court has the power to view both the order of your spouse to comply but can also impose serious financial problems and others in case of default. These sanctions may include payment for his legal fees.

What discovery procedures we use is something to discuss with you during the divorce process. Not every case is handled the same way. Some cases require significant discovery. Others require very little. We will review your case with you from the beginning and throughout your matter to determine the necessary discovery your divorce may require.

4. MEDIATION OF YOUR DIVORCE ACTION

Mediation is a formal attempt to resolve all or some of the issues in their divorce.

Mediation of child custody and visitation disputes is mandatory. You and your spouse are encouraged to seek the mediation of all issues by the court.

Mediation is especially effective for simple divorces and Farzad Mazarei and will work hard to take your case to mediation and attempt resolution between you and your spouse.

For complex divorces, mediation can also be very effective, but should be very careful and aware of all the facts before attending mediation. Often, one spouse in a long-term marriage assets believes that he or she can work "things" with the other spouse without much research or discovery. This can be a recipe for disaster, especially when you are walking into mediation without all the facts.

That's why we make sure the time works for mediation advantage and, when necessary, we conduct research and discovery during their separation, so that we can maximize what they have right and what is obtained in mediation.

5. PROOF OF YOUR DIVORCE ACTION

If divorce can not be resolved informally (Through discussions on the settlement) or formally (through mediation), your divorce will proceed to trial. Divorce trial are often short (most are 1 day or less) Unless extensive property or assets in question, or complex custody matters.

Prior to the actual trial date, discussions are held before trial. Most trial judges will request each spouse's lawyer to meet with the judge in an informal conference in chambers.

The purpose of this conference is to discuss the unresolved issues, the duration of the trial, the identity and number of witnesses, the nature and scope of the exhibits, to resolve any test problem and often to make a last attempt to settle the divorce.

The trial process is complex and requires extensive preparation, depending on the complexity of your divorce.

Farzad and Mazarei are experienced and successful trial lawyers and set our goals and objectives to get the results deserve.

6. THE FINAL DIVORCE JUDGEMENT

After a decision is reached, either by agreement or trial, sentence or order introduced.

This statement summarizes the final resolution of all issues in your divorce. These include the division of property, alimony, child support, child custody and any other order that is necessary and part of their divorce.

In Farzad and Mazarei, target = "_blank" title = "orange county divorce lawyer," Orange County> divorce lawyer that are committed to intelligently and compassionately representing your interests throughout the divorce process.

About the Author

Attorney B. Robert Farzad is the President and Managing Partner of Farzad & Mazarei.
farzadlaw.com

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