Divorce & Division Of Assets

The decision to divorce is difficult both emotionally and financially. When children are involved the anxiety and the feelings of loss and the stress of uncertainty can be overwhelming.

Vonder Haar Law Offices will guide and empower you to make good decisions during the divorce process and be in a good position, both emotionally and financially, after the divorce.
 

The Divorce Process:

The process of getting divorced can be long and difficult, so understanding the steps that are required for a divorce will help educate and prepare you for what is to come.

In California, there is a six-month waiting period for divorces. Typically, unless the parties are very cooperative and the divorce is amicable, the case will not be resolved at the end of the waiting period.
 

The process of divorce or dissolution starts with one party filing a Petition. That person is deemed the Petitioner. The Petition is then served on the other party who is the Respondent. The date the Respondent receives the Petition is significant because it is the beginning of the six-month waiting period. The Respondent has 30-days to file and serve a Response to the Petition.

During the process, if child custody, child support or spousal support is an issue, the parties can come to a temporary agreement that will be filed with the court and signed by a judge. Otherwise a motion is filed to obtain temporary orders concerning these matters during the divorce process. Such motions are entitled Order to Show Cause or OSC.

Division Of Assets

In order to determine the division of assets, debts, and to determine temporary and more permanent issues of child and spousal support, the parties are required to disclose to the other their financial income, expenses, and what they believe is the parties separate and community property.

While the disclosure of information is required, the process can be complicated by the need to conduct what is referred to as discovery.

Discovery includes:

• Interrogatories
• Requests for admissions
• Demand for production of documents
• Depositions
• Subpoenas
• Court ordered examination of persons or property
• Motions for physical and mental examinations

The decision to conduct formal discovery is sometimes done as a necessity, if the opposing party refuses to cooperate, or as a tactical decision. Regardless, it is important to develop a discovery plan that is unique to your own facts, circumstances, and desired outcome.
 

When Should You Call A Divorce Lawyer?

If are considering a divorce, or if your spouse has already filed for divorce, you should speak with an attorney as soon as possible. At Vonder Haar Law, we’ll make every effort to help you understand the process and guide you through each step to help achieve your objectives.

Having an experienced and reliable attorney is an important part of a successful divorce. We welcome inquiries and look forward to speaking with you.