Not every divorce involves a trial, and in many cases, the divorcing spouses do not even need to hire lawyers. In an uncontested divorce, there is no trial. The couple can agree to all of the issues and sign a Marital Settlement Agreement that lays out what they agree on and who will get what in the divorce. The judge simply approves the agreement and declares the couple legally divorced. Sometimes, the judge will issue a default judgment without a hearing. In other cases, though, the court may set a default hearing in divorce. If the court does set a hearing, don't be concerned. Often these hearings are simply a formality to make sure the default judgment is fair.
A person can get a divorce even if one spouse refuses to cooperate and agree to the divorce. This is called divorce by default. Divorce by default serves an important and valuable purpose for California residents. It prevents one spouse from holding the marriage "captive" by stalling the divorce process. However, a divorce by default requires you do everything exactly by the book. Keep in mind, however, that just because a spouse does not respond to a divorce petition, it doesn't mean the petitioner gets everything they ask for. The court will make sure that the Judgment is fair for both parties, even if one party chooses to not participate.
Sometimes, even the court system makes simple mistakes. Unfortunately, mistakes made by a court clerk, for example, can create serious difficulties. For example, receiving a $100,000 award in a judgment, but finding the clerk accidentally wrote in "$10,000" instead. How devastating! How can you fix this "slip of the pen" and receive the award to which you are entitled? Attempting to resolve mistakes made by a court clerk should be simple, but many people find it harder than they expect. A People's Choice can help you get those errors corrected in a swift, timely fashion.
Sometimes after you file divorce, you discover you need to change or correct your Petition for Dissolution of Marriage. Usually, you must amend a divorce petition because there was a mistake in the original filing. Sometimes a person amends the petition to change the case from divorce to legal separation or vice versa. This is not unusual, but it is important you handle the process correctly. Fortunately, you usually don't need a lawyer to amend a divorce petition. A People's Choice can help you throughout your divorce process, even if you need to make changes.
To file divorce in Riverside County, you must meet specific residency requirements. One of the parties in the divorce must have lived in California for at least six months. Also, that same party must have resided in Riverside County for at least three months to file there. The residence of the Petitioner or the Respondent can qualify. If one of the parties doesn't meet this residency requirement, consider filing for legal separation to allow time to meet residency requirements. Once you meet those requirements, you can move forward with your divorce filing in Riverside County.
Legal proceedings can be a complicated process. Sometimes, unexpected people and parties have an interest in the legal process. When this is the case, you must add them to the legal proceedings before you can fully resolve the case. You will use a joinder to do this. So what is a Joinder, and how does it affect a legal matter?
Most couples think their most valuable community property asset is their house. Surprisingly, however, the most valuable asset is often their retirement plan. Just as with other community assets, a divorcing couple must settle retirement division. In general, the law considers retirement benefits accrued during the marriage until the time of separation as community property. This article will explain the steps to divide retirement in divorce.
A court will not hear a case until the defendant or the opposing party has personally received a court summons and a copy of the complaint or petition. Usually, defendants receive these documents by personal delivery, substituted service, or service by mail. Unfortunately, serving legal documents gets complicated without the defendant's address. Here's what you need to know when serving legal documents with no address.
Obtaining a divorce in California is complicated and, as a result, can be a lengthy process. Some couples end up feeling as though they will never finish divorce in California and remain forever married. No matter what, there is always a minimum six-month waiting period before the divorce can be final, and the parties declared single. The final Judgment comes after the settlement, which covers property division, spousal support, and child custody and support. All in all, the divorce process can take a long time, particularly if you are trying to complete it on your own, without professional help.
A judge cannot hear a case without it satisfying two basic requirements: 1) the court has jurisdiction over the defendant and 2) it is proper venue. Proper venue means that the right court is hearing the case. With this in mind, there may be particular reasons that the statutorily "right" court is the wrong court to decide a case. For example, a party may request a change of venue if they fear they will not receive a fair hearing.