The Process of Filing for Divorce

Once you have made the painful decision to get a divorce, knowing the process involved and what comes next can be helpful. More than likely, you are confused enough about life in general right now. You shouldn't be confused about what comes next in the dissolution of your marriage. After meeting with your California divorce attorney and receiving proper legal advice, you will determine what you want to have in the final decree. The first legal step involved in an Orange County divorce is to write up the Divorce Decree. The next step involves filing for the divorce in court. You do not have to appear in court for this process, your attorney can handle it for you.

After the court filing, it will be necessary to serve your spouse with divorce papers. This can range from a rather simple process to a long and drawn out situation of tracking down a spouse who doesn't want to be found. In the former, your spouse knows the process, has agreed to the divorce, and has been prepared by their own divorce lawyer as to what to expect in getting a divorce. The worst case scenario involves a spouse who does not plan to cooperate and evades being served with divorce papers. In that case, you may be looking at having to hire an investigator whose specialty is locating and serving.

You may have a Temporary Hearing, which is where a temporary agreement is entered into to settle things for the time being, while you are awaiting the divorce to be final. The temporary hearing is where any child custody or support, alimony, or asset division is agreed to on a temporary basis. The next step may involve mediation. This will more than likely be required if a settlement is not likely. You may next be in a situation of attending court for either a pretrial hearing, and/or an actual trial, or possibly both. The last step is the Final Dissolution of Marriage, meaning that your divorce has been granted.

There are many different ways to handle a divorce, and no two divorces are the same. Your situation may involve complicated property rights and divorce. Or, it may be quick and simple. Either way, you will need a competent California divorce attorney to assist you through the process. At the Law Offices of Hollie A. Lemkin, we deliver the kind of persistent advocacy that is necessary to prevail in these matters. At our family law practice we focus on all of your divorce and child custody needs, and provide aggressive legal representation whether in negotiations, mediation or court. Our goal is an arrangement that is best for both you and your child. Contact our Orange County office for effective legal help with your custody case. Call 949-734-4788 to schedule an appointment today.