Even though a legal system itself will try everything to keep spouses away from terminating a marriage, there are situations when a divorce is inevitable. There are plenty of reasons why people decide to split and sometimes both sides really want to end the relationship, but divorce is rarely easy and simple procedure said orange county child support lawyer. It is life changing event, bringing up a lot of emotional and practical problems.
When filing for a divorce, family law gives two major possibilities to partners. When both partners agree to all the terms of the divorce, they can file a joint petition for divorce. They provide their documents to the notary, sign so called Decree of divorce and wait for the family judge to approve it. These cases are usually processed quickly and after settling all major questions and issues, the court grants a divorce officially.
On the other hand, there are many chaotic situations when spouses are not capable of reaching a compromise without family law court interfering. In these cases, one partner files a complaint for divorce and the other one has about 30 days to respond legally. These cases are considered public record and often need to be published. Further on, if a defendant files a response, the family law court will set a case management conference within 90 days, where spouses will discuss the matter in front of the judge. If a defendant does not respond to the complaint, the court may set so called ‘’default’’ and the plaintiff will complete a divorce without defendant’s agreement.
Before terminating a marriage irreversibly, the family court will often try to provide spouses with some advices, helping courses and measurements intended to be last attempt of saving the marriage. For this purpose, the judge may issue some temporary orders, refer spouses to some mediations centers or set settlement conference with the senior judge.
If none of this works and partners persist in their intent to separate, there are two way: either they will reach a compromise, agree with all the terms of divorce and the court will officially grant a divorce; If the parties don’t settle, the judge sets a trial and all the decisions regarding a divorce will be made by the family law court.