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There are generally four stages involved in a divorce.
The First Stage:
The first step in preparing for a dissolution of marriage is processing of the paperwork. This generally includes preparation of the following pleadings:
(1) Summons;
(2) Petition;
(3) Order to Show Cause (for the purpose of requesting relief at the first hearing);
(4) Temporary Restraining Orders;
(5) Declarations;
(6) Income and Expense Declaration;
(7) Response, if appropriate; and,
(8) Responsive Declaration to Order to Show Cause, if appropriate.
At our first meeting, we generally prepare all necessary paperwork in order to either initiate the divorce or to respond to the Petition filed by the spouse. These pleadings are then generally served upon the other party. The purpose of the service is to "start the clock ticking." Once the pleadings are served upon the other party, the Judgment of Dissolution of Marriage can be granted dissolving the parties' marital status, at the earliest six (6) months from the date of service. The purpose of the six-month waiting period is to encourage reconciliation between the spouses, and if in fact a reconciliation occurs during this period, kindly contact our offices and we will see that all paperwork is stopped. Additionally, if you would like a referral for counseling to reconcile the marriage, we will be happy to refer you to qualified counselors. Although we limit our practice to Family Law, we do not encourage divorces.
The Second Step:
After the pleadings have been drafted and served, the next step is the Order to Show Cause, the initial hearing. Generally, the following issues are addressed at the initial hearing:
(1) Spousal support;
(2) Child support;
(3) Child custody and visitation;
(4) Restraining orders;
(5) Use of the residence and motor vehicles;
(6) Joinder of any pension plans;
(7) Request for attorney's fees and costs; and,
(8) Any other miscellaneous relief which may be necessary in order to maintain stability for the benefit of the children and the parties.
The first hearing will normally occur within twenty-five (25) days of the date the pleadings are initially filed with the court, absent any continuances.
At this hearing, the attorneys will argue the case and the courts generally will not take testimony at this time.
If custody or visitation is an issue, the parties will attend a meeting with Family Court Services (FCS) for mediation prior to the Order to Show Cause hearing. The recommendation of the FCS counselor will be submitted to the court for review at the hearing.
The purpose of the hearing is to maintain the status quo, to ensure the children and supported spouse have sufficient financial resources to maintain the necessities of life and to balance between households a common standard of living.
The Third Stage:
The third step involved in a dissolution of marriage is generally the discovery phase. This often includes the taking of depositions. A deposition is generally conducted in our conference room or the offices of the opposing counsel. A court reporter is present. At that time, I will be asking questions of your spouse for the following purposes:
(1) To secure information;
(2) To solidify testimony so it may not be changed at future hearings or trial;
(3) To obtain necessary documentation to adequately present your case; and,
(4) For the purpose of evaluating witnesses.
After the deposition, many times subpenas are sent out to verify the information obtained at the deposition.
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. We will then formulate a settlement offer for the purpose of resolving the case in total. Please be assured that no offer of settlement will be made without your knowledge. If the settlement offer is accepted or amendments thereto are agreeable to all parties, a settlement agreement will be prepared. This document essentially indicates which assets will be allocated to the wife and which assets will be allocated to the husband. It will also address the issues of custody and visitation, together with support and all other matters. Once the settlement agreement is signed by both parties and their attorneys, it is filed with the San Diego Superior Court in the form of a binding court order.
The Fourth Stage:
If the matter cannot be resolved by stipulation, it will proceed to the fourth step, which is trial. If the trial is expected to be shorter than three (3) hours, it will be placed upon what is called the "short-cause" calendar. The San Diego Superior Court hears this “short-cause” calendar on Fridays. We are generally assigned a date for trial within about four (4) months from the date on which the trial is requested.
If, however, the case will take longer than three (3) hours, it is set upon the "long-cause" calendar. Under this procedure, the San Diego Superior court will assign a Mandatory Settlement Conference date approximately six (6) to eight (8) months from the date on which the trial is originally requested. At this Mandatory Settlement Conference, we will be required to meet with a judge or one or two attorneys who limit their practice to Family Law. These attorneys or the judge will review our Settlement Conference Brief which we will have prepared in advance. They will review the positions of both sides with respect to all issues. They will then give a recommendation for the purpose of helping the parties resolve the case. If the matter is not resolved, the case will proceed to trial, usually within forty-five (45) days of the Mandatory Settlement Conference.
FOR ASSISTANCE WITH FAMILY LAW IN SAN DIEGO
CALL TOM HUGUENOR TODAY AT 858-546-4868
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