Getting a Divorce

We start a new life, project or partnership with the hope that it will turn out to be a lifelong event that will reap positive results for us. However fate at times plays cruel tricks on us by upturning our plans. In personal relationships, a broken marriage is one such calamity that might befall a couple in spite of their best intentions. When a couple goes in for a divorce to end their marriage it can be a emotionally and physically straining time for all involved. In these circumstances it is always advisable to seek the guidance of an expert like a divorce lawyer NYC. The divorce lawyer has sufficient experience in dealing with the sensitive issues that crop up in a divorce case and handle them competently.

Many legal loopholes can crop up when handling a divorce case and issues like alimony and child custody can involve much emotional and financial strain on the couple going their separate ways. A divorce lawyer NYC is trained to deal with these issues in order to come out with the best possible solution and legal deal for his client. The past record of the divorce lawyer NYC that one chooses to hire is also of crucial importance. A success record of getting the best outcome for his client induces much greater confidence in the divorce lawyer NYC. A reference from someone known to you could also have a positive effect on your choice of divorce lawyer NYC or for that matter in any other state.

It is always advisable to seek counsel from a divorce lawyer NYC as different states may have different rules and regulations for the divorce proceedings. It is not possible for a client to be aware of these legal intricacies when he or she is filing for divorce. Consulting a divorce lawyer NYC will enable the client to get acquainted with the options available to him when he is suing for divorce. Also a divorce can get complicated depending on the circumstances under which the couple has decided to part ways. An amicable agreement to go separate ways is much less cumbersome rather than a case where the couple is engaged in a cold war with each other.

When a couple is going in for divorce the maximum emotional trauma is perhaps faced by the children, if any, as they now need to select one parent over the other. Hiring a divorce lawyer NYC will ease out the situation from a legal point of view as the client can have strong support in ensuring a judgment that gives him custody of the child. Similarly when financial deals need to be negotiated between the couple who is filing for divorce, the situation can get messy. Having the support and guidance of a divorce lawyer NYC can help you take decisions with a rational viewpoint rather than an emotional one. Hence when life gives you a raw deal, it is up to you to make the best use of available resources to emerge as a winner under any circumstances. Hiring a divorce lawyer NYC is one such practical decision that will help you overcome some aspects of a divorce as well and begin life anew.

Are you planning on an offshore divorce to end your international marriage? If so, you’ll join millions of other couples who have opted for this fast, simple solution to an otherwise complex problem.

International couples face many more challenges when it comes to divorce than most people realize. Issues such as residency requirements, extensive travel and even conflicting time zones can make international divorce a nightmarish experience.

Deciding on an offshore divorce is a smart move for international couples, and there are options that can make your divorce even more beneficial. The following are 5 ways to make the most of the opportunity an offshore divorce presents:

1. Settle financial and child custody matters.

One of the biggest benefits of an offshore divorce is that you don’t have to be in agreement on financial settlements or child custody to regain single status. Yet if it’s at all possible, it’s to your advantage to settle custody and financial issues as part of your offshore divorce. This will eliminate the need to go through lengthy court battles in a jurisdiction that is local to you or your spouse.

2. Obtain mutual consent.

It’s possible to obtain a unilateral divorce in Haiti, but it’s not likely to be recognized by as many jurisdictions as a bilateral divorce will be. Mutual consent is the surest way to guarantee your divorce will be recognized in the locations where you and your spouse reside.

3. Arrange your divorce off-season.

In some cases, you can save a considerable amount of money on travel if you’re able to fly to the country where you’ll obtain your divorce off-season. Of course, this might not be appropriate if speed is your main concern.

4. Mix business with pleasure.

Many countries that are ideally suited for international divorce are also wonderful places to vacation. Since you’ll have to travel to appear in court, why not make the most of it and plan to enjoy a vacation?

5. Compare prices.

Most reputable law firms that specialize in offshore international divorces charge approximately the same price for comparable services. However, there are those that offer lower prices if you handle arranging airfare and accommodations yourself. Comparison shopping will also ensure you don’t overpay for your offshore divorce.

While for many couples, speed is the utmost concern in obtaining an offshore divorce, this isn’t the case for everyone. If you’re able to take the time to do some research and planning, you can use these 5 tips to make the most of an international offshore divorce.

Did you know that the current economic recession has actually played a role in increasing the number of wealthy couples who are filing for divorce?  While overall, according to the American Academy of Matrimonial Lawyers, divorces tend to decline with an economic downtown, those with a tremendous amount of assets do not follow the trend. Instead, the number of inquiries to divorce attorneys from potential clients with a great deal of wealth increased by forty percent over the past year.  During a recession, you can expect that a couple’s assets will decrease in value, from the family home to the high-risk investments to the 401(k) account.  By making the decision to split when values are low, individuals will be obligated to provide less to a spouse in a resolution.  If a marriage was already shaky or wholly dependent on the good times of a thriving economy to make the union bearable through material gains, a recession is going to make such partnerships all the more susceptible to the addition of a divorce lawyer or two into the relationship.

Divorce is never an easy process for a couple of navigate.  These proceedings usually come with heightened and mixed emotions, an intense sense of grief and, if there are children involved, concern over what is best in terms of visitation and financial support.  However, there is an additional set of complex issues that come into play with the two people who are separating are worth millions of dollars.  If you are in this situation, you need to make sure that you are working with a family law attorney who specializes in such cases.  Just think about all of the financial consequences that come from the dissolution of such a union.  Property such as investment portfolios, time shares, art collections, equity in businesses, compensation packages, and other assets that are unique to the wealthy members of our population all can become points of contention for two people who both offer legitimate claims to their worth.  The level of negotiation goes way beyond which person gets the newer car and how many nights the kids will stay at each house.  These high-stakes divorce cases become complex business deals similar to the dissolution of a corporation.  In Texas, these assets tend to take the form of oil and gas investments, securities, corporate ownerships, and large amounts of physical property.  Texas has no shortage of men and women who have made fortunes off our state’s natural resources and impressive human capital, and they want to hold onto the fruits of their labor.

In addition to the property that is known and shared by both partners in a marriage, attorneys who are handling the divorce of a wealthy client also must consider the possibility that the other spouse is intentionally hiding some assets in order to lower the final amount of a settlement.  When necessary, forensic experts in accounting, banking, business management, and other specialized fields may be retained to ensure that all investments are located and protected.  If you believe that your estranged husband or wife may be hiding some sources of income, you need to make sure that you are hiring a lawyer with the professional resources and knowledge to know where to look to find hidden assets like offshore bank accounts, deferred compensation, tax shelters and other sources of income that must be included as community property.

When negotiating divorce settlements in Texas, attorneys must work under the fact that we are a “community property” state. This means that most property acquired during the marriage will be subject to an equitable division in a divorce settlement or trial.  Even if one spouse was the sole source of income and therefore provided the money for the homes, cars, investments, etc., both partners have equal claim on these assets when a separation occurs.  While a judge always will start with the assumption of a 50/50 split, various factors, such as the fault in the break-up of the marriage and the value of the assets of property, may shift the final decision.

In addition to the splitting of assets, a wealthy couple often faces the question of spousal support or alimony.  When both members of a partnership become accustomed to a particular standard of living, battles may be fought if the ability to maintain the same existence is threatened.  What expectations should one spouse have for financial support if he or she did not provide the primary source of income during the marriage?  In Texas, spousal support is not an assumed component of the divorce settlement.  Instead, a judge will examine factors such as the employment and education skills of the spouse, the duration of the marriage, the physical and emotional condition of the spouse, the need to care for children in the home, and possible marital misconduct. The decision can be made to provide either temporary spousal support or more long-term assistance.  When dealing with couples who are used to budgeting with millions of dollars at their disposal, awards of spousal support can reach into the tens of thousands of dollars every month.

It is often said that everything is done bigger in Texas, from our food to our sports to our love of the outdoors.  The same idea often holds true concerning the divorces that take place between some of the most wealthy and high-profile residents of our state.  These marriages are not just unions of love and the foundation of families, but also complex business partnerships.  With all of the money at stake, there are divorce attorneys who specialize in the dissolution of high-dollar marriages.  If you find yourself in the position of needing legal representation in the face of an ending marriage and the financial consequences of the split are significant, it is imperative that you find an attorney who displays great comfort with discussions of investment portfolios, vacation homes, and antique heirlooms.  If these conversations do not occur with ease, move on until you find an attorney who provides you the needed confidence that a difficult time in your life will be made as easy as possible.

When their marriage is on the rocks, some couples are reluctant to jump directly into a divorce in the hopes that the problems can be resolved. They search for alternatives that will allow them time apart to review their situation and to have time to determine if a divorce is the only solution to their marital issues.

Some couples think that a Riverside county legal separation is this time out of sorts from their marriage and the alternative to divorce that they have been searching for. However, a Riverside county legal separation is not a minor undertaking as some may assume. There is a large amount of decision making that couples must go through and a legal separation can be just as stressful as a divorce. Family law is available to help with this process though and can assist with the decision on which is the best action for the spouses to take.

A Riverside county legal separation involves legal action within a court, much the same as a divorce settlement, only, in the end, the couple is still married. When a separation is filed, the court is given the authority to make rulings regarding the marriage. These rulings can include the division of marital assets, assigning custody and stipulating support payments if children are involved, and deciding who will be required to pay what debts. Although a legal separation involves many of the same actions as a Riverside county divorce, the spouses are required to file additional paperwork to turn the legal separation into a Riverside county divorce if the separation does not produce the results they were seeking when entering the situation.

Unlike a Riverside county divorce, both spouses have to agree to the Riverside county legal separation. Additionally, unlike a divorce, there is no waiting period to complete a separation. There are several reasons why separations are chosen instead of terminating marriages. Some reasons why spouses choose a separation instead of a divorce include religious views (if divorce is against their religion), and also if a spouse is in need of ongoing medical attention and needs to remain eligible for medical insurance that would be lost in a divorce.

In addition, unlike a divorce, after a Riverside county legal separation is completed, a marriage is still in effect, although it is only in name. This means that, although the responsibilities of a marriage are no longer required of the spouses, neither spouse will be able to remarry unless a divorce is completed.

Family law can help a great deal in deciding whether to file for a Riverside county legal separation or a divorce. There are many factors to weigh and a legal professional is equipped with the knowledge to effectively address those factors. A legal separation is not just a time out from a marriage and family law can help spouses understand this and take the action that is appropriate for their situation. It is a stressful time when marriages fall apart and spouses have many factors to weigh before they choose the route that is best for them.

When the matrimonial vows of ‘for better or for worse’ are reduced to only the ‘worse’ bit, we find couples heading straight for the courts. A painful end like divorce can be devastating for any couple – being a celebrity and in the public eye makes it even worse. In such a crucial phase, celebrity divorce lawyer is a legal advisor that helps celebrities deal with their divorce in the most efficient manner. When a celebrity is undergoing a divorce, it not only involves dealing with a personal failure but also handling the probing eyes of media and the public. At such times the celebrity needs expert advice and help in logically working out the best settlement and that is where a celebrity divorce lawyer steps into the picture.

More or less 49% divorce rate in the United States speaks volumes about the fact why US is known to have the weakest family links. Celebrity divorce forms an integral part of this data hence giving rise to the popular concept of pre-nuptials. A celebrity divorce lawyer however, can ensure that the client gets a fair deal whether or not they had a pre-nuptial agreement. Even if a couple had stepped into the bonding of holy matrimony with pre-decided terms and conditions the impending divorce can blur the decision making capabilities. A professional who is well versed in the legalities of complex divorce proceedings would therefore be a god-send. The demand for a successful and credible celebrity divorce lawyer is therefore constantly on the rise.

A divorce can be a legally complicated issue considering the fact that some laws may differ from state to state. Keeping in mind each and every legal requirement and acting in the best interests of the celebrity client is the job of a thoroughly competent celebrity divorce lawyer. Many a times the decision favoring one partner over the other depends on the clever application of the law according to the state where the case is being fought. This is where selecting the right lawyer to fight the case achieves crucial importance.

Most of the reputed law firms in United States have a team of divorce lawyers on their payroll. Any celebrity can safely hire such a firm and expect competent legal services and the best deal possible. A celebrity divorce lawyer from a law firm of impeccable reputation will be well experienced in handling high profile cases with the utmost discretion and also be media savvy enough to deal with the publicity that is bound to be created by celebrity divorces. Hence even at the end of the day though the celebrity divorce lawyer charges a hefty fee in most cases, the overall benefit to the client far exceeds the amount of money paid for the legal proceedings. The trend of more than one marriage and divorce among celebrities speaks volumes about the efficiency and capability of a celebrity divorce lawyer.

The life of a celebrity is closely followed by the fans and each important event is also of utmost importance to the fans as well. In such circumstances, by adeptly handling the divorce proceedings, child custody, asset distribution etc., the celebrity divorce lawyer is also seen as an ally by the fans of the beloved celebrity. As the old saying goes, ‘a friend in need is a friend indeed’ – and so in modern times with divorces and especially celebrity divorce on the rise, a good, efficient celebrity divorce lawyer is the best bet for an ideal settlement.

Divorce is one of the worst phases in an individual’s life. On one hand, the individual has to accept the harsh fact of failure in the most precious relationship, while on the other hand, he/she has to bear the humiliations that are part of the divorce proceedings.

Conventional divorce proceedings involve regular court visits for months where both the parties indulge in the blame games and false accusations. Apart from causing mental trauma, divorce proceedings lead to wastage of time and money. One has to shell out a huge amount of money to pay the exorbitant litigation fees.

If you are planning to get divorced, you must look for a competent divorce solicitors firm that can handle the divorce proceedings and also let you have a quick and hassle free divorce.

For a Clean Break Agreement, all you need to do is answer some basic questions that would help divorce solicitors prepare divorce documents. Normally, such questions are related to your income, property and your children. On the basis of that information, the divorce solicitors firm will file your divorce case and thereby act on your behalf. Be it the division of property, getting custody of your child, or any such matter, he would take care of every thing.

If you want, you can also go for an Uncontested Divorce. It is a situation where both the parties contesting for divorce agree to the terms and conditions of the divorce on their own, without any legal intervention or court proceedings. An uncontested divorce is another alternative to lengthy Divorce Proceedings.

For the best divorce legal advice, log on to fullservicedivorce.co.uk. It an online divorce solicitors firm UK that ensures effective and speedy divorce services to their clients. Their divorce legal team comprise well qualified divorce solicitors to handle all aspects of the divorce proceedings and even offer updates on the divorce process.

The divorce legal team at Full Service Divorce provides many services. Some of them include, filling up of divorce forms, dealing with court correspondence, handling all aspects of divorce proceedings, and giving updates on divorce proceedings. To avail of their divorce service, you are not even required to be present at the court. The divorce solicitor will carry the divorce proceedings on your behalf, while you can easily coordinate with them over e-mail or phone. They can also help you in resolving marital disputes.

For all these services, Full Service Divorce charges minimal fees. So, what are you waiting for? Just log on to their website and help yourself get divorced in a peaceful and quick manner.

There are two different categories for legal grounds for divorce: “Fault” and “No Fault”.

What is “No Fault” divorce?

“No Fault” divorce is when the spouse suing for divorce does not have to prove that his or her spouse did something wrong. Every state recognizes the legal grounds for divorce regardless of who is at fault.

To get a No Fault divorce, the suing spouse just simply states a reason recognized by that state. In most cases, it’s enough to say that the couple cannot get along, (these go by the names “incompatibility,” or “irreconcilable differences”).

In many instances however, the couple must live apart for a period of months or even years in order to get a No Fault divorce. One spouse cannot stop a No Fault divorce. Objecting to a spouse’s request for divorce is itself an irreconcilable difference that would justify the divorce. There is a 60 day waiting period before the court grants a divorce on the grounds of irreconcilable differences.

It is important to do some research for the state you live in since a No Fault divorce is the only option allowed by a number of states. The other states recognize both a No Fault divorce or a Fault divorce.

What is “Fault” divorce?

Fault divorce is a divorce granted on one of the following:

* cruelty (inflicting emotional or physical pain) – this is the most frequently used grounds for legal divorce

* adultery

* desertion for a specified period of time

* being confined in prison for a set number of years, and

* physically unable to engage in sexual intercourse, if it was not disclosed before marriage.

Some people choose a Fault divorce because they don’t want to wait out the period of separation required by their state’s law for a No Fault divorce. Also in some states, a spouse who proves the other spouse is at fault may receive a greater share of the marital property or more alimony.

Since the legal grounds for divorce vary from state to state, choose the grounds that applies to your situation and is legal in your state. Use the guidelines below to do your research.

1) Each state has different laws about divorce. Check the laws of your state yourself or talk to an attorney to define what the legal grounds for divorce are in your state.

2) Some states allow divorce based simply on irreconcilable differences. You don’t have to give any reason other than that.

3) Realize that in some states it is more (or less) difficult to obtain a divorce.

4) Abandonment by your spouse is legal grounds for divorce in some states. There is usually a time requirement before you can file for divorce.

5) You should give consideration on the way your spouse treats you. Many states allow divorce if there is cruel or inhuman treatment.

6) Legal separation is also grounds for a divorce. Many states have a requirement that you must be legally separated for a specified period of time before you can divorce using separation as a reason

7) Serious consideration should be given when using adultery as legal grounds for divorce. Adultery occurs when one spouse has sexual intercourse with someone else during the marriage. Most states require a lot of proof if using adultery as grounds. This can often be very unpleasant and confrontational.

The information provided is by no means a complete compendium of the legal grounds for divorce, rather a basic framework to begin your research. If both partners are in agreement a divorce can be a simple procedure. If not in agreement, it can become a time consuming, tedious, and expensive procedure. Knowing your rights can help alleviate some of this confusion and expense.

In Arizona, a divorce is called “dissolution of marriage” and court papers use that term instead of “divorce.” The standard Arizona divorce is no-fault, which means that neither spouse is required to prove blame or responsibility in ending the marriage. You can find a divorce attorney in Scottsdale, Phoenix and other major Arizona cities. You may also want to research mediators if you have an amicable relationship with your soon-to-be ex-spouse. Make sure you get some kind of legal help because your divorce paperwork must be thorough and include certain items that legal counsel will know. If your paperwork is incomplete, your divorce could take months or even years.

Arizona considers marriages to fall into one of two categories: a standard marriage and a covenant marriage. A covenant marriage is presumably a higher standard of marriage, which Arizona added to law in 1998. A covenant marriage differs from a standard marriage in the steps necessary to get married and the reasons why a divorce may be granted by the court. A covenant marriage can only be legally dissipated on the grounds of adultery, conviction of a felony which lands a person in prison or death, over one year of abandonment, living separately for over two years without reconciliation or living separately for over one year after legal separation, domestic violence, abuse of drugs or alcohol or if both spouses agree to dissolution.

You or your spouse must be a resident of Arizona for a minimum of 90 days before you can file for a divorce. You must file a “Petition for Dissolution of Marriage” with the Superior Court in which you live. According to Arizona law, a divorce cannot be granted until at least 60 days after the court papers are delivered to the other spouse.

You can get a consent decree without going to court if you and your spouse can agree to all terms in your divorce, including child support, property issues, debt issues, alimony and custody. The decree will end the marriage after the decree is signed by a judge.

The court can also divide property and debts for you, if you go to court instead of using a mediator. Arizona is a community property state, meaning any property bought during the marriage is treated as being owned by both spouses. The courts attempt to distribute community property fairly, but that doesn’t always mean equally. You should consult a divorce attorney in Scottsdale or in the city closest to you to make sure you get property that should be yours.

Property owned before the marriage can remain separate property of the spouse that obtained the property before marriage. Items one spouse receives as a gift or inheritance during the marriage is also considered separate.

You and your spouse can get a written agreement, known as a separation agreement, that specifies how matters are handled if the marriage ends. This is a contract list and describes both parties’ decisions about ownership of real estate, how to divide property, financial support and custody issues, if applicable. The court must accept the separation agreement unless it is unfair to one spouse. Consult a divorce attorney in Scottsdale or in the city nearest you for more information about a separation agreement. Gathering information about the date of purchase and the price of purchase, as well as who you purchased the property from can be a big help before you consult a divorce attorney.

The Arizona court system will make child custody decisions in the best interest of the child if the parents cannot reach an agreement. The court can order sole custody or joint custody. No preference is given on the basis of the parent’s sex.

The Arizona court system can be confusing, which is why it’s best to get a divorce lawyer or mediator to help you understand your rights and to make sure you have everything you need.

Divorce Process in Michigan

A divorce begins with the filing of a lawsuit or complaint for divorce. This is “served” on the other party by giving him/her a copy of the complaint and summons and having him/her sign the back of the summons to acknowledge receipt. Otherwise, a person called a “process server” must personally hand the summons and complaint to the other spouse or the complaint and summons can be sent by certified mail. When a receipt is signed for the certified mail, the court considers it “served.” Service must be completed within 90 days of filing or the court will dismiss the case for “lack of progress.” In the end, the court must receive some sort of evidence in the court file (called a “return of service”) to prove that the pleadings (i.e., the summons and complaint) were received by the defendant. The judges are assigned randomly to cases. You find out immediately who your judge will be when the complaint is filed. You cannot do anything to “pick” a particular judge.

After “service” of the complaint and summons, the defendant/other spouse must file an “answer.” The “answer” admits or denies all of the allegations in the complaint. The answer must be filed with the court within 21 days of service unless the complaint and summons were served by certified mail. In that case, the defendant has 28 days to answer the allegations in the complaint. Within a month of filing the complaint for divorce, each party is expected to file a verified financial statement setting forth the assets and liabilities of the parties. This may be later amended as information becomes available, but it is expected to be a good faith estimate of the net worth of the marital estate.

Once the court knows that both a complaint and an answer have been filed, it will schedule a “pretrial conference.” The client does not have to attend this conference, but the attorneys for both sides must attend. At that time, the court generally sets deadlines for exchanging witness lists, for the close of “discovery,” and for a “settlement conference” date as well.

“Discovery” is a set of procedures for getting information in a case. Discovery is governed by “court rules.” Discovery can include interrogatories and requests for production of documents from the other side. It can include subpoenas to third parties. It can include “depositions” of parties to the case (the husband and wife) and of non-parties (like employers, day care providers, neighbors, and relatives). Discovery can also include independent medical examinations (“IME’s”) like an evaluation by a therapist or psychiatrist. Unlike interrogatories and requests for production of documents, a party can only do an IME if the court permits it. To get a court order for an IME, the requesting party must file a motion with the court and go through a hearing.

During the pendency of a case, there are some occasions where the parties must appear in court for a hearing (that is not the actual “trial”). A judge has the power to require the parties to appear. The parties themselves can also set up a hearing by filing a “motion” for some sort of relief with the court. Most judges appreciate having the parties personally appear at “motion hearings” although parties are under no legal requirement to be there unless they have been served with a “show cause order.” If a party fails to appear for a “show cause hearing,” then the court can issue a bench warrant for their arrest.

After a motion hearing, the judge makes a decision on the relief requested. The judge can decide the issue on the spot or take the matter “under advisement” and issue a written decision within a few days or a few weeks. If the court rules the day of the hearing, then the court expects the attorney for the party who filed the motion to draft an order that is consistent with the court’s ruling. This requirement applies even if the judge ruled against the party who filed the motion although sometimes the court will ask the prevailing party to draft the order. A party cannot contest the language in the order if it is consistent with the judge’s ruling. The only way to contest the ruling at that point is to take an appeal.

Sometimes orders are entered by the court without a motion being filed or a motion hearing. This can happen because the court decided itself to issue an order. It can also happen because the parties agree to an order and “stipulate” to its entry. If the judge sees the signatures of both attorneys on a proposed order, the court will almost always sign the order without a hearing. Once an order is entered, it must be followed. Even if it is appealed, the order is in effect unless the Michigan Court of Appeals suspends its enforceability.

During the pendency of the case, the parties are expected to discuss legal custody, parenting time, child and spousal support, and property distribution. Usually the attorneys are able to discuss these issues even if the parties cannot. While the court has the Friend of the Court available when it comes to support and custody/parenting issues, it is more difficult to decide property issues. There are three tasks to be completed on the issue of property during the case:

1. All property and debt must be identified and listed.

2. Property must be valued. Sometimes the parties can “stipulate” or agree to a value; otherwise, it must be valued by an appraiser or qualified third party.

3. Property must be distributed in the end. If the parties can agree as to who gets what, the court will usually accept that. Most assets are divided between the parties “in kind.” If neither party wants an asset or is able to afford it, then the asset should be sold. If both parties want an asset, then they must submit this issue to the court or consider mediation or arbitration to decide it without court intervention. (Mediation and arbitration are different processes. With mediation, a trained person helps the parties reach agreement. If they do not agree, then the court decides and there is no prejudice to anyone because he/she did not accept a proposal in mediation. With arbitration, a trained person hears the parties’ positions and possibly considers other evidence. Then the arbitrator makes a decision, and the parties (in advance and in writing) agree to be bound by the decision. A decision by an arbitrator cannot be appealed and can be enforced by the court.

After the time for discovery has expired, the court will require the parties to appear in person for a settlement conference. Sometimes the court will also order the parties to meet with a mediator to try and settle a case. There is no obligation to settle, but if a party does not participate in settlement proceedings in good faith, it could backfire on that party in the end.

Further, if there are issues relating to children or alimony, the court generally refers the issue to the Friend of the Court (“FOC”). The FOC caseworkers will schedule an interview. Sometimes they speak with parties individually for one hour each. Other times the caseworker will ask the parties to come together and will meet with them for 1–1-1/2 hours. The attorneys are permitted to attend these interviews but generally do not come. If minor children are involved and they are old enough, the FOC caseworker will interview them as well in private. After the interviews are concluded, the FOC issues a “recommendation.” The court is usually willing to enter that recommendation as an interim order of the court while the case is pending. If either party objects to the recommendation, the court can either set the matter for an evidentiary hearing before the court itself or order the parties to go through a FOC “referee hearing.” A referee hearing takes place at the FOC offices in the courthouse. It is not open to the public. Witnesses must leave the room immediately after testifying. The hearing officer is an attorney employed by the court. After the hearing, the referee writes a recommendation and issues it. The parties have 21 days to accept the recommendation or file objections with the court and schedule a hearing on the objections. If objections are filed, then the court holds an evidentiary hearing and makes its own ruling—which may be consistent with the referee recommendation or different.

There is eventually a trial in each case if it is not settled. Approximately 90% of all divorce cases are settled before trial. If the parties are able to settle some of their issues, the court is generally willing to hear and decide only the unsettled issues. After the court rules, then the parties have 21 days to file an appeal with the Michigan Court of Appeals if they object to the final decision. Very few cases get to this point.

THE DIVORCE PROCESS

There are six steps to a divorce proceeding. These include:

1. DETERMINING THE PROPER COUNTY AND JURISDICTION

All divorces in the State of California, regardless of whether or not you and your spouse are convinced you can work out your disputes, must start with determining which county and jurisdiction to file the petition for divorce.

Many courts in California, including the County of Orange, Los Angeles, San Bernardino and Riverside, have specialized courts that deal only with family law and divorce matters. These courts handle all issues related to the divorce, including the division of community and separate property and assets, child custody, child support, spousal support and related issues.

Which is the right county for your divorce? That depends on many factors including where you and your spouse have resided. Often times, especially when you and your spouse have separated and have lived apart before either of you files for a divorce petition, more than one county may be the right jurisdiction for your divorce matter.

However, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a “resident” of California for six months AND of the county where the divorce proceeding is filed for three months immediately preceding the filing of the divorce petition.

This “six-months/three-month” residence requirement applies only to marriage dissolutions (divorce) action. There is no residency requirement for filing a nullity or legal separation petition.

2. FILING OR RESPONDING TO A PETITION FOR DISSOLUTION OF MARRIAGE

Once we have determined the proper jurisdiction and county for your divorce, one of two documents must be filed with the court. You can contact farzadlaw.com for more information on this.

If you are seeking a divorce, we will prepare and file for you a “petition for dissolution of marriage”. In this document, we will identify what you seek (a dissolution) and why you seek it (typically “irreconcilable differences”).

Remember that California is a no-fault divorce so issues such as infidelity are irrelevant to the divorce petition. However, despite California’s no-fault system, certain issues that most relate to “fault” ARE very significant to your divorce. For example, application for a domestic violence protective order usually requires an affidavit or declaration showing reasonable proof of a past act or acts of abuse. In addition, when determining the child’s best interests in a contested custody case, the court must consider any history of physical or sexual abuse by one parent against any spouse, any child or other persons within the household. The Court also takes into consideration habitual alcohol abuse or illegal use of controlled substances or medications.

If your spouse has served you with a divorce petition and after we determine and ensure that the divorce petition has been filed in the proper court and county, we will file a “Response” to the petition for dissolution of marriage. Time is short and you must not wait to file a response.

In most circumstances, you only have 30 days from the date of the petition is served on you to file the Response. Fail to do so and your spouse can take a “default” against you, barring you from appearing in court or challenging your spouse’s requests.

If you have a default against you in your divorce, you must contact us immediately because the time to file a written motion (request) with the court to set aside the default against you is short.

After we prepare the divorce petition, and both you and we sign it, we file it with the court and serve it along with a summons on your spouse. That gets the process started and your spouse then has 30 days under most circumstances to respond to the divorce petition. If your spouse fails to respond to the divorce petition in 30 days, we will, at your request, ask the court to enter his “default”, which the court often does immediately.

If you have been served with the divorce petition, we will prepare a timely written “Response” to the divorce petition for you, you and us will sign it, and we will file it with the court. We will also serve a copy of it on your spouse or your spouse’s lawyer.

3. THE USE OF DISCOVERY DURING YOUR DIVORCE ACTION

Discovery is intended to take the gamesmanship out of the divorce and family law process. Discovery includes serving and answering interrogatories (written questions) under oath, producing documents under oath, admitting to certain facts under oath and conducting oral examinations under oath (called depositions).

Discovery also permits you to conduct vocational evaluations on your spouse (if your spouse is refusing to work but is capable of doing so) as well as independent medical and related examinations when your spouse’s medical or psychological issues are relevant to the divorce proceeding. The discovery process during the divorce is not limited to your spouse.

We can issue and serve civil subpoenas to third parties or entities for their personal attendance at a deposition, to produce documents, or both.

Discovery is one of the most important processes in the divorce proceeding. Unfortunately, many family law attorneys either don’t realize the importance of the discovery process during the divorce or are incapable of effectively engaging in the discovery process.

That is why Farzad & Mazarei’s wealth of experience in all aspects of effective discovery sets us apart.

If your spouse is trying to “hide” assets or is playing games with custody or support issues during the divorce process, we will conduct the necessary discovery to expose your spouse’s misconduct and further to obtain all the necessary information and documents from him or her.

Further, don’t worry about your spouse hiding assets or not being cooperative during the discovery process. If your spouse refuses to cooperate during the divorce or otherwise fails to produce what we have requested of him or her, we will file the appropriate motions with the court forcing your spouse to comply with our discovery requests. The court is often asked to intervene when one party is playing games and the court has the power to not only order your spouse to comply but may also impose financial and other serious sanctions for noncompliance. These sanctions may include paying for your legal fees.

What discovery procedures we use is something we discuss with you during the divorce process. Not every case is handled the same way. Some cases require significant discovery. Others require very little. We will go over your case with you at the outset and throughout your matter to determine the necessary discovery your divorce may require.

4. MEDIATION OF YOUR DIVORCE ACTION

Mediation is a formal attempt to resolve some or all of the issues in your divorce.

Mediation of child custody and visitation disputes is mandatory. You and your spouse will be encouraged to seek mediation for all of your issues by the court.

Mediation is especially effective for simple divorces and Farzad & Mazarei will work hard to bring your matter to mediation and attempt resolution between you and your spouse.

For complex divorces, mediation can also be very effective but you must be very careful and mindful of having all the facts before you attend mediation. Often, a spouse in a long term marriage with assets believes that he or she can “work things out” with the other spouse without the need for much investigation or discovery. This can be a recipe for a disaster especially when you are walking into mediation without all the facts.

That is why we ensure the timing of the mediation works to your advantage and, when necessary, we conduct the investigation and discovery during your divorce so that we can maximize what you are entitled to and what you get at mediation.

5. TRIAL OF YOUR DIVORCE ACTION

If your divorce cannot be settled informally (through settlement discussions) or formally (through mediation), your divorce will proceed to trial. Divorce trial are often short (most are 1 day or less) unless there are extensive property or assets at issue, or complex child custody matters.

Prior to the actual trial date, pre trial discussions take place. Most trial judges will request each spouse’s attorney to meet with the judge in an informal in-chambers conference.

The purpose of this conference is to discuss any unresolved issues, the length of the trial, the identity and number of witnesses, the nature and extent of the exhibits, to resolve any evidentiary issues and often to make one final attempt at settling the divorce action.

The trial process is complex and requires extensive preparation, depending on the complexity of your divorce.

Farzad & Mazarei are experienced and successful trial lawyers and set our goals and objectives to getting you the results you deserve.

6. THE FINAL DIVORCE JUDGMENT

After a decision is reached, whether by settlement or trial, a judgment or order is entered.

That judgment outlines the final resolution of all the issues in your divorce action. These include the division of assets, spousal support, child support, child custody and any other orders that are necessary and part of your divorce action.

At Farzad & Mazarei, orange county divorce lawyer we are committed to intelligently and compassionately representing your interests throughout the divorce process.