Divorce in it of itself is challenging, that is why it is important to have experienced help on your side. Patrick Baghdaserians, a Pasadena divorce lawyer, has been helping families for over a decade and is a certified Family Law Specialist.
California is a No Fault state. This means, the party who is filing for divorce does not have to show evidence of any sort of misconduct by the other party. Rather, divorce, also known as “dissolution of marriage,” may be granted in one of two ways in the state of California: (1) irreconcilable differences that have caused the irremediable breakdown of the marriage or (2) permanent legal incapacity. Irreconcilable differences meaning there are substantial reasons that the marriage should not continue and that these substantial issues are apparent. Courts find irreconcilable differences in a broad sense; therefore, the existence of irreconcilable differences is rarely an issue.
In addition to one of the two requirements listed above, California has residency requirements. In order for parties to file for dissolution of marriage in the state of California, at least one of the parties must have been a resident of California for six (6) months and a resident of the county where they are filing for at least three (3) months before they file.
A frequent question asked of our Pasadena divorce lawyers is the length of time the process of divorce can take. In the state of California, an action for dissolution of marriage will take at least six (6) months, that is the earliest the marital status can be terminated. There is absolutely no way to terminate the marital status in less than six (6) months. It is important to keep in mind this six (6) month time frame is just a starting point, and the process may take longer if there are other complex issues involved. Because these minutiae issues are complicated, Patrick Baghdaserians can provide assistance along the way to ensure the process moves along smoothly. He has been a divorce attorney for over a decade and is a Family Law Specialist that works in Pasadena, CA and the greater Los Angeles area. Patrick’s firm is only about half a mile from the Pasadena Courthouse, which allows for effective representation at any point in time.
The procedure for dissolution of marriage is relatively simple. First, the party initiating the divorce, known as the Petitioner, files a petition for dissolution of marriage. This petition for dissolution of marriage includes some details regarding the marriage. Some of those details include the name of the parties, if there are any minor children involved in the case, if there is separate or community property, etc. Next, the other party, known as the Respondent, is served. There are several ways to serve the Respondent, two common ways include personal service or service by mail. Upon being served, the Respondent must file an answer to the petition. The Respondent must file an answer to the petition within thirty (30) days of being served. Then, both parties must exchange “mandatory disclosures.” Mandatory disclosures include financial documents that disclose information about their assets and debts. This information is important because it allows the Court to decide on an array of issues. After, the parties engage in mediation. Mediation is a last shot attempt for parties to try and work out their differences and settle the case, rather than move forward to trial. However, if the parties cannot agree to settle, trial is set. At this point, both parties prepare to go in front of a judge and have decisions be made regarding all matters. In the end, a final judgement is ordered in the case. After the final judgement is made, the parties are officially divorced; but if any changes arise moving forward, the judgment can be modified.
Again, no matter the reason, divorces are challenging and it is crucial to have good help on your side. Call Patrick Baghdaserians and schedule a free in person consultation to ensure you do not go through this process alone.