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Archive for September 2009

How Do I Get Temporary Orders For Child Custody, Visitation, Child Support, Spousal support, etc. In My California Divorce Case?

After the initial divorce paperwork has been filed with the court, either spouse may file for a “Request for Order” hearing with the court requesting a hearing to decide temporary orders for child custody, visitation, child support, spousal support and other orders while the divorce is pending. Other orders can involve temporary use of marital…

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What is the Next Step After I Serve the Initial California Divorce Paperwork?

The next step after service of the Summons and Petition for Marital Dissolution and the Response thereto is for both parties to complete and exchange their own “Preliminary Declaration of Disclosure.” Both parties in a California divorce are required to disclose detailed, accurate information to the other about their respective incomes, expenses, property (both marital…

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What is the Mediation Process in a California Child Custody Case?

In any California child custody case, including divorce and separation cases, whenever a Request for Order (RFO) hearing addressing child custody and visitation issues are filed, the Court will order that the parties attend mediation at no cost through the court’s mediation department prior to the RFO hearing date. Although the law requires that the…

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How Are Mediations Different In An Orange County Child Custody Case Vs. A Riverside/Inland Empire Child Custody Case?

In Orange County, mediations are merely efforts for the parties to meet face-to-face without their attorneys to attempt to resolve such issues. Mediators in Orange County do not make recommendations to the Court of parenting plans. However, in Riverside County and other Inland Empire Family Courts, the court mediator can make recommendations regarding child custody…

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Can I Settle With My Spouse And Avoid the Request for Order Hearing or Trial?

There are 2 primary options for resolving issues in your Orange County divorce case: Stipulation (Agreement) of the Parties: When parties are able to work together in reaching agreements for temporary orders or final settlement of their entire marital dissolution case, a “Stipulation & Order” for temporary orders or a “Marital Settlement Agreement” can be…

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How Quickly Can I Become Divorced in California?

California has a six-month “cooling-off” period prior to entry of a judgment in a marital dissolution case, meaning that a judgment terminating the marriage cannot be entered until at least 6 months after the date the other spouse was served with the petition for marital dissolution has passed. However, nothing happens automatically when the 6…

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When is My Orange County Divorce Final?

A California divorce cannot be ordered by the Court until at least 6 months after the other spouse was served with the initial Summons and Petition, i.e. a “cooling off” period that cannot be shortened or waived. Moreover, nothing will happen after those 6 months in ending your marriage unless you and your spouse enter…

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What is a California Summary Dissolution?

For couples who have been married for less than 5 years, have no children together, will not seek spousal support from each other, have very little property or debts together, and can mutually agree on how to divide their property and debts, a California “summary dissolution” is a simplified alternate to a regular divorce. Such…

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What To Know About The Discovery Process in Orange County Divorce Cases

In Orange County divorces that require determination of the fair market value of marital assets, community businesses, debts, and self-employment incomes for support purposes, “discovery” requests served on one of both spouses may be necessary. Such discovery requests can require responses to general and specific questions, production or documentation of other tangible items, and depositions…

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