California Litigation Strategies When a Collaborative Divorce Breaks Down
Collaborative divorce is designed to help spouses resolve family law disputes through negotiation rather than litigation. For many California couples, the process offers greater privacy, flexibility, and control over important decisions involving property, support, and parenting. However, not every collaborative divorce reaches a successful resolution. When negotiations stall, or one party decides to end the collaborative process, the transition to litigation requires more than simply filing documents with the court….
Read MoreHow Do I Demonstrate Standard of Living in Litigation?
In California divorces, status quo is important. The status quo is the standing of living the two parties to the divorce enjoyed and had grown used to over the course of the marriage. Generally, family law courts will strive to maintain the marital standard of living when they are making a determination on spousal support. For many Californians with significant resources or a high net-worth, the standard of living can…
Read MoreWho Can I Have as an Expert Witness in My Divorce Case?
You may think of an expert witness as someone who provides illuminating facts in criminal cases. However, they can be extremely helpful in divorce cases as well. Expert witness statements can facilitate case decisions in the face of highly disputed issues and facts. Expert witnesses can provide a valuable opinion on many issues in a divorce case, such as the fitness of a parent, the financial state of the marital…
Read MoreWhat Are Final Divorce Papers?
A divorce is finalized once a judge has signed the judgment and both parties to the divorce are in receipt of a copy of said judgment. The earliest this can happen is six months from the time the petition and summons, which begin the divorce case, were filed and served upon the respondent. A divorce judgment is a final decree, or court order, which outlines all the agreements and decisions…
Read MoreI’ve Just Been Served; What is a Summons?
Being served with divorce papers can be an overwhelming and confusing experience. It is often an emotionally turbulent time, and you may be unsure what steps to take next to preserve your legal rights and provide a timely response to these documents. The following provides basic information on the standard divorce forms and procedures in California. For specific details and help understanding and filling out this paperwork, contact an experienced…
Read MoreWhat is a Petition for Dissolution?
One of the first documents required in a divorce is the Petition for Dissolution, served alongside the Summons. A petition is a document that you, as the petitioner, file with the court, requesting a certain judicial action take place. In this case, a Petition for Dissolution requests that the court dissolve, or end, your marriage or domestic partnership. Either spouse or partner can file the Petition for Dissolution to begin…
Read MoreHow Do I Serve My Spouse with Divorce Papers?
One of the most important parts of your divorce will be the service of the other party, your spouse, with the Summons and Petition for Dissolution. Service of your spouse, also called service of process, is an important step because from the date they are served, their deadline to respond starts counting down. When serving initial divorce papers, personal service is required, meaning someone must actually hand the papers to…
Read MoreDo I Have to Appear in Court for My Divorce?
California does not have any law requiring you to appear in court for your divorce. You have a few options for how to handle your divorce and some do not involve appearing in court at all. First, if you and your spouse can agree on all issues in the divorce, you may simply draft up your agreements, sign off on them, and submit them, along with the appropriate documents, to…
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