The Divorce Process in California

04Oct, 24

If you are considering filing for divorce, or if you have been served with divorce papers, it is important to have skilled legal counsel on your side to help guide you through the divorce process in California. Attempting to navigate the law on your own can lead to unfavorable results, including the potential for a lengthy, expensive legal battle. Securing the right legal counsel is imperative to get the best outcome possible.

At the Law Offices of Michelanne Hrubic, our attorney provides the knowledgeable family law representation you need during this difficult time. To schedule an initial consultation at our family law firm in Riverside, call 951-888-0631. Our experts will explain every step of the divorce process to you and will guide you through the entire process.

Steps to Take When Going Through a Divorce

Divorce can be a complicated and stressful process. In California, you do not have to show fault to receive a divorce. In other words, you do not need to show grounds for ending the marriage, such as acts of adultery. You can file for a divorce citing “irreconcilable differences,” even if the other party wishes to remain married. Simply put, this means you can divorce your spouse for any reason.

The first step to beginning the divorce process involves the filing and serving of a divorce petition. You and your soon-to-be-ex may then discuss temporary court orders to address child custody issues, child support, and spousal support. The next step is providing any information and documentation relevant to the divorce proceeding, such as bank account information and any form of property that is subject to division.

After the above steps have been taken, the parties may choose to negotiate the terms of their divorce agreement. If the relationship has degraded to the point where negotiation is not possible, it will be necessary to take the case to trial. How long the process takes will depend on whether you and your ex can reach an agreement. The Law Offices of Michelanne Hrubic will guide you every step of the way.

What are the Five Stages of Divorce?

The “five stages of divorce” mirror the well-known “five stages of grief.” This is a psychological process that many people will experience when confronted with an emotionally traumatic experience:

  1. Denial. It can be very difficult for some people to accept divorce and recognize that their marriage is coming to an end. This can be a very difficult first stage, but once the first legal proceedings happen, this tends to shock them back to reality and cause a stir of very strong emotions.
  2. Anger. It’s natural to feel angry when a spouse has decided they no longer wish to be married to you, and after the initial denial phase, it is very common for feelings to turn to anger and resentment.
  3. Bargaining. After the anger phase, many people experience a desire to “make it all go away” and go back to the way things were before divorce proceedings started. Your spouse might try and do everything they can to convince their partner to give the marriage another chance.
  4. Depression. Eventually, the person experiencing the five-stage of divorce will likely fall into a depression. After exhausting their other emotions, they may feel as though all they have left is to mourn their marriage.
  5. Acceptance. The final stage is accepting reality. The marriage is ending, and nothing can stop it. An individual who has reached this point must start focusing on what they will do once the divorce is finalized and how they will reforge their new lifestyle.

These stages can be incredibly difficult for anyone, even for those who know that their marriage is not going to work no matter what they do. During this difficult experience, having a reliable legal advocate on your side is one of the best assets anyone can have. The Law Offices of Michelanne Hrubic will provide the expert legal counsel that you need in Riverside and will support you throughout this difficult divorce process. We aim for the best outcome possible.

What is the First Thing to Do When Getting a Divorce?

One of the most important steps anyone can take in a divorce is hiring the right attorney to represent you and handle your case. Ideally, you should find legal representation prior to filing for divorce. If your spouse was the first to file, then you should secure legal counsel as soon as you realize that your divorce is real and the formal process has begun. Finding the right legal partner can make a significant difference in the outcome of your divorce.

How Long Does it Take to Get a Divorce in California if Both Parties Agree?

The state of California upholds a strict waiting period of six months before a divorce is finalized. Even when a couple agrees to immediate dissolution, they must complete this waiting period. In most divorce cases, the process of mediating or litigating a divorce will typically consume a considerable amount of this time period. The bottom line is that the soonest anyone can have a divorce finalized in California is six months from the date the divorce petition was filed.

If you are embroiled in a protracted divorce case, the exact time required for you to reach a conclusion and finalize your divorce agreement hinges on many different factors. Depending on how agreeable you and your soon-to-be ex-spouse can remain with one another until you finalize your divorce, the process could be shorter. Your divorce may only require the six-month mandated waiting period. It may take much longer if you must litigate.

Where Do I Go to Start the Divorce Process?

The divorce process informally begins once you and your spouse decide to divorce. The legal Riverside divorce process of dissolution of marriage formally begins once one of you files a divorce petition with the local courthouse. Many people mistakenly believe that being the first to file a divorce petition provides a legal advantage, but this is not true. It does not matter who files the divorce petition first.

The next phase is securing a response to the divorce petition. After one spouse has filed the petition, the courthouse must provide the divorce petition to the other spouse and formally request a response. If the other spouse refuses or neglects to respond, the court will likely grant a summary judgment in favor of the petitioner. This is a very rare situation, and in most cases, the respondent will contest elements of the divorce petition, and the couple must then proceed to either mediation or litigation.

Mediation vs. Litigation

Divorce mediation has become the most popular way to resolve divorce in the United States for several reasons. Primarily, this method allows both spouses to save time and money. Divorce litigation can last for months or even years in some cases, and they must pay attorneys’ fees throughout their proceedings. A benefit of mediation is that it happens privately under the supervision of the neutral third-party mediator. The discussions held during these meetings are entirely private, unlike litigation in which all courtroom discussions and proceedings become public record. Mediation is usually a great starting point to protect the privacy of both parties.

Even when divorcing spouses cannot imagine negotiating peacefully with each other, it behooves both of them to consider the benefits of divorce mediation. This method allows the couple to maintain more control over the outcome of their divorce process instead of leaving it entirely in the hands of a judge. During litigation, a divorce unfolds similar to any other civil case. Each side will have the chance to offer evidence and testimony, but the judge will have the final say.

There are some issues you cannot solve through mediation, namely, child custody and support-related issues. You and your coparent can negotiate a care and support plan, but this will require review and approval from a judge.

Contact Our Lawyer if You are Going Through a Divorce

Divorce is one of the most difficult experiences a person can ever have during their lifetime. At the Law Offices of Michelanne Hrubic, we provide compassionate, responsive, and detail-oriented legal counsel to ensure our clients can reach the best possible conclusions in their divorce cases. We will work closely with you to determine the best possible approach to your situation, uncover all the evidence and documentation you need to make a strong case, and ultimately help you navigate the often complex Riverside divorce process.

There is no reason to attempt to handle your divorce alone. The right legal team can guide you through your Riverside divorce process with more confidence and security. If you are ready to speak with a Riverside divorce process lawyer, contact us today and schedule a consultation with our team.

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