The Headaches of Divorce
It’s difficult enough facing a marriage breakup and then finding out your state may have different rules for divorce. Speak with an Orange County divorce attorney to know by what laws your state abides.
It’s a complex world when it comes to divorcing. It’s difficult emotionally and financially and if children are involved, it’s even more complex. Some states’ divorce laws are relatively benign and others divide property and deal with child custody differently. If you are searching for information on the Internet, be very cautious about what you read, as what happens in Nevada may be entirely different than what happens in California. When in doubt, always consult with an Orange County divorce attorney.
If you happen to live in California, either spouse is able to file a petition for divorce at a local courthouse. This does not have to be a mutually agreed upon action. Once the petition is filed, it is served on the other spouse, leaving 30 days to respond to it. If there is no response within the defined time limit, then you may file a judgment claiming whatever you want. There may be exceptions to this scenario, and for this reason it’s best to speak to an Orange County divorce lawyer. Keep in mind as well that in this article we are only discussing the “basics.” Each divorce case is different, and because of that, each one may be handled differently by your attorney.
If you do get a response from your spouse, the next step is usually a discovery of assets. Right about now, either person involved in the divorce proceedings may file an order to show cause and get temporary orders for support, attorney’s fees, visitation and child custody. If you do happen to get mutual agreement on settling all of your assets, support and child custody, a Marital Settlement agreement is filed. Approximately six months later, your divorce would be final.
In many cases, such as those where the partners are no longer speaking, reaching agreement on the wide variety of issues involved in a divorce is difficult. If you are unable to agree on all or some of the assets, custody issues and support, your Orange County divorce attorney will likely take the case to trial. At that point, it is up to the judge to make a decision on the whole case.
While this process is a difficult one, there are also many other instances along the road that may crop up that no one was expecting. These actions make proceeding with a divorce even more difficult. There have been actual instances where one spouse or the other has found themselves locked out of their home, had the bank accounts shut down, credit cards cancelled, and the other spouse attempting to hide assets. Stranger things have happened, but instances like this are situations that a skilled Orange County divorce lawyer will take in their stride.
If you’re in a difficult situation where your spouse is alienating the children, calling you names, hiding family vehicles, picking fights over nothing, and dragging up things out of your past that you’d rather not deal with and have no relevance to the divorce, you need to speak to a seasoned Orange County divorce attorney. They will let you know your rights, what is important to the divorce going through, and what you may ignore.
While it is difficult to ignore hurtful actions and words, if you have children and the marriage is past the point of no return, you need to focus on the kids and their best interests. Be prepared for your divorce in California by hiring an experienced Orange County divorce attorney to represent you. This will ensure the best possible outcome for your case.
Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. For more information or to schedule a consultation with Orange County divorce lawyer Gerald Maggio, contact The Maggio Law Firm by calling (949) 553-0304 or visiting www.maggiolawfirm.com.
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