In California, you can often start your California divorce and conclude it without going to court.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that practices California family law and California divorce law. We represent clients in Sacramento, California and in Northern California with services they need and deserve when addressing California divorce, child custody, spousal support, child support and community property. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Affordable rates and payment plans are also available. Call now 916-443-1267 for your free consultation.
Starting Your California Divorce
Before Starting Your California Divorce, be aware that there is a six month waiting period for a divorce to be finalized. This waiting period allows for the possibility that couples may reconcile before divorcing. If one spouse passes away after filing for divorce, but before the final judgment is entered by the court, the case is dismissed. While one spouse becomes a decedent, the other spouse becomes a widow or widower. Put simply, you cannot obtain a divorce from someone who is deceased. In California, you will be considered legally married when the estate is distributed.
A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition. In the petition, you will state certain facts: the date of marriage, the date of separation, the number of years from marriage to separation, the number of children of the marriage, and the age and birth date of each minor child of the marriage.
If no response is filed and you are not making a demand for money, property, costs, or attorney’s fees in the petition, the judgment of dissolution of marriage ca be entered by default. In that case, you do not need to file an income and expense declaration or property declarations for the Court to distribute community property.
Before Starting Your California Divorce, you should consider hiring a licensed attorney that can help you from start to finish. You can call the number listed below to schedule for a free in-office consultation.
Filing the Petition and Summons
Before filing, you must review the information in the Petition and Summons carefully, as this will begin the divorce process and let the Court (and the other party) know your intentions. The information entered on the initial paperwork will let the Court know the basic facts regarding your marriage. You will enter information such as the length of the marriage, children of the marriage, and whether or not you will be requesting child support or spousal support.
A copy of the petition, together with a copy of a summons, needs to be served upon the other party to the marriage. It is important to note that you can not personally serve your own divorce papers. Service must be completed by someone other than yourself.
CALL NOW TO MAKE AN APPOINTMENT FOR A FREE CONSULTATION