No one ever gets married thinking it is going to end in divorce. Unfortunately, that is a reality many people face. The divorce process is emotional, but there are also steps within the legal system that must be taken. If you are considering divorce, our Salinas family lawyer helps explain what steps those are.
There are many legal requirements when getting a divorce, and the decisions you make now will affect you for years in the future. A divorce attorney will advise you on the laws that affect your case, help you navigate the process, and provide the sound legal advice you need every step of the way.
The party that starts the divorce process is known as the petitioner. To begin, the petitioner must obtain the proper forms, fill them out completely, and give them to the court clerk. The clerk will then file the papers, officially starting the case.
Once the petition is filed with the court, the other party is served with divorce papers, telling them a lawsuit has begun and they have been named within it. After they are served, the other party has 30 days to respond to the lawsuit. If they do not respond, the judge may issue a default judgment, without the other party having the chance to defend against allegations made in the petition or at the court hearing.
Child custody issues must be determined when a couple with children gets a divorce. A judge may issue a temporary order at the beginning of the case, which will outline which parent will have custody while the case is ongoing. During the case, child custody issues will be heard and a judge will make a final decision.
Each party in a divorce must provide full disclosure about the assets and property they own, as well as the liabilities, or debt, they carry. This full financial disclosure is necessary so the couple can fairly divide their marital assets and debt.
It is always better if the two sides can negotiate a fair deal rather than going to court and leaving the decisions to the judge. An attorney is an invaluable resource when these negotiations are ongoing, as they can help each party secure a fair settlement.
If the two parties can agree on the terms of the divorce, an agreement is drafted and submitted to the court. If a judge finds the agreement is fair, they will approve it, which finalizes the divorce. If the parties cannot reach an agreement, they will have to go to trial and a judge will make all final decisions in the case.
Just like with any other type of lawsuit, if one party feels as though there was a mistake of the law, or that the final divorce decree is unfair or improperly made, they can appeal the decisions once the judge has issued the divorce decree. There are also grounds to set aside a Judgement.
Few things in life remain the same and if there is a significant change in circumstances, either party can petition the court for a modification of a court order regarding an issue for which the court has continuing jurisdiction. For example, if one party suddenly loses their job, they may petition the court to change the amount of child support they are required to pay.
If you are getting a divorce, do not go through the process alone. At Miranda, Magden & Miranda, our Salinas family lawyer can help you through it and ensure you receive the fair verdict or settlement you deserve. Call us today or contact us online to schedule a consultation.
Thank you Miranda and team for the excellent service provided. Miranda is a compassionate, understating, extremely knowledgeable and professional attorney. Her team was always on top of everything making my legal process less stressful. I could never thank Miranda and her assistant Ingrid for holding my hand throughout this difficult process (literally). Miranda is one of the BEST immigration lawyers ever! I would definitely recommend her.
They represented my custody case and handled it like it is their own case and they are best in Monterey County.
The entire team at MMM are superstars! I appreciate all the time and prep that went into my original case many years ago. And now recently, I asked for some help on a follow-up custody matter that I felt I could handle myself but just needed their expertise to properly represent all the important details. They are knowledgeable, extremely thorough, and prepared me for every possible scenario. I can't thank them enough!
My partner and I sought legal advice on bringing my fiance' to the United States with this office after having called a few immigration attorney offices around Monterey County. Having never sought legal advice before it was a refreshing experience in which we both really felt that Patricia listened intently to our goals and needs, and then not only gave us thorough advice, but also she really showed a lot of empathy with our situation and all the challenges we faced in what we trying to do. I would definitely recommend this office for anyone who is unclear about what..
Working with Patricia was a professional encounter unlike any other, an absolute 5-star experience. From the first moment, we walked into our consultation until the moment our case was closed and my husband walked away with his permanent resident card Patricia was communicative, professional, and thorough. Her team contacted us every step of the way providing valuable process and law changes we would not have been able to catch if we tried to navigate this endeavor alone. Patricia answered our endless question stream with thoughtfulness and care, calling us countless times to ensure we were clear on every piece of..
Last year, I had just moved in the area and needed a family law attorney for a custody case. The process of finding/choosing an attorney could be daunting. However, when I went in for my first consultation with Levi my stress level was immediately mollified. He was personable, which made me feel comfortable to discuss my personal matters freely. I had a lot of questions of the legal process that would take place and he took the time to explain everything with meticulous detail. More importantly, when I called Levi he returned my phone calls in a timely/professional time frame...
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