California divorce next step fter response


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The process of obtaining a judgment will depend on whether the respondent files a response and whether the spouses or domestic partners can reach an agreement about the terms of the divorce or legal separation. The terms of the divorce become a part of the judgment. During the process of divorce, either side may want to ask the court for orders about child custody and visitation parenting time , child support, spousal or partner support, or other types of orders.

Click to o find out more about requests for orders during your divorce or legal separation.

Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. Overview of the Court Process.

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The person starting the court case the petitioner figures out: How do I want to end my marriage or domestic partnership? Divorce, legal separation, annulment? If I want a divorce, do we qualify for a summary dissolution? If I want a divorce, can I file it in California? What county or counties can it be filed in? How much money will it cost to file the forms, and how can I pay the fees?

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Responding to Divorce Papers in California

Can I ask the judge to order the other side to help me pay for a lawyer? Are there any special procedures that apply in the local court in my county? Are there any required local forms I should be aware of?


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How many copies of my papers will I have to turn in? If they can work out an agreement, they may be able to save on filing fees maybe only the petitioner needs to file papers in court and save a lot of time by avoiding having to go to court a lot. They can get help working out their disagreements from a mediator. These conversations and attempts to work out the terms of the divorce can happen throughout the case. Even if a couple cannot reach an agreement early on, it is possible they will be able to as the case moves along.

So do not give up trying to work out an agreement, either on the whole case or at least some parts of it.

How to Divorce in California (with Pictures) - wikiHow

Click to find out more about agreements in family law cases. The forms can be found on this website, at most courthouses, and in public or county law libraries. The petitioner files his or her court forms. There is a filing fee to file court forms. Find out how much the court fee is for filing a divorce petition.

The defendant is given 20 days to reply, and if he or she does not, the plaintiff can file the divorce papers with the court. The defendant also has the option of signing the papers in front of a notary public indicating that he or she has no intention of contesting the divorce. The plaintiff also signs the papers in that case, and they are filed with the court.

What happens after divorce papers are served?

Once the divorce papers have been signed and notarized or the time limit for the defendant to respond has passed, the next step in the process is to file the divorce papers with the court clerk's office in the county where the plaintiff lives. Once the papers have been filed with the court, the question, "How long does an uncontested divorce take? The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months. Your lawyer or the court clerk's office in the county where you want to file for divorce may be able to give you an answer about how long an uncontested divorce takes to process in your area.

The best they will be able to do is give you an estimate.

5 Questions - California Divorces - The Law Offices of Andy I. Chen

Once the divorce judgment has been signed, there may be a waiting period where neither party can remarry in certain jurisdictions. This would be the time where either person can file an appeal of the divorce judgment. Your attorney would be able to advise whether this provision applies in your case. All Rights Reserved.