There are generally four steps involved in a divorce.
The First Step:
The Second Step:
The Third Step:
The Fourth Step:
The First Step:
Step one in preparing for a divorce is the preparing and processing of necessary paperwork. This may include the following:
(1) Summons
(2) Petition
(3) Order to Show Cause pleadings for the purpose of requesting relief at the first hearing
(4) Temporary Restraining Orders
(5) Declarations
(6) Income and Expense Declaration, Schedule of Assets and Debts and Preliminary Declaration of Disclosure
(7) Response to any pleadings served by the opposing party.
Following our first meeting, we generally prepare all the necessary paperwork in order to initiate the divorce. These pleadings are then filed and served on the other party. The purpose of the service "starts the clock ticking." Once the pleadings are served upon the other party, the final Judgment of Dissolution can be granted, at the earliest, six (6) months from the date of service. In the event you have been served with divorce papers, we will prepare a response on your behalf. The purpose of the 6-month waiting period is to encourage reconciliation between the spouses, and if in fact a reconciliation occurs during this period, we will see that all paperwork is stopped.
The Second Step:
After the pleadings have been drafted and served, if necessary, the next step is the Order to Show Cause to request interim orders. Generally, the following issues may be addressed at such a hearing:
(1) Spousal Support
(2) Child Support
(3) Child Custody and Visitation
(4) Restraining Orders
(5) Use of the residence
(6) Joinder of any pension plans
(7) Request for attorney fees and costs
(8) Any other miscellaneous relief, which may be necessary in order to maintain stability for the benefit of the parties and any children.
The Third Step:
The third step involved in a divorce is the discovery phase. This may include the use of interrogatories (written questions and answers) a document demand and possibly depositions.
The purpose of discovery is to gather any and all information, which may be relevant to the resolution of the case.
After the deposition, many times subpoenas are sent out to verify the information obtained at the deposition, or to assist in ascertaining the tracking and/or values of assets.
By the time the first three steps are completed, the emotional involvement of the parties has generally subsided to the level where many cases are in fact resolved by settlement. In all of our cases, we hope to avoid many of the procedures described above by obtaining a settlement early in the proceedings. The settlement agreement essentially indicates which assets will be allocated to the wife, and which assets will be allocated to the husband. It will also address custody and support, visitation (if there are minor children) pensions and all other matters. The settlement agreement is filed with the San Diego Superior Court in the form of a binding Judgment. The court sets periodic case management conferences to oversee the progress occurring in your case.
In order to facilitate a settlement, the court will usually set a case for a mandatory settlement conference when discovery is complete. Depending on the location of your case there are experienced attorneys willing to act as settlement judges to assist the parties in reaching a settlement agreement. If the matter cannot be resolved by settlement, the matter will proceed to the fourth step, which is trial.
The Fourth Step:
If your case does not settle, the court will set a trial date. If the trial is expected to be shorter than three hours, it will be placed on what is called the "short-cause" calendar. The San Diego Superior Court hears this short-cause calendar on Fridays. You are generally assigned a date for trial within 4-6 months from the date on which the trial is requested. A settlement conference in advance of trial is mandatory.
If you have legal questions about family law or estate planning, contact the Law Office of Dawn Dell’Acqua. We represent clients in the San Diego County area including the communities of San Diego, East County, South Bay, and Vista.
