F
amily Law includes divorce and child custody, property division, and restraining orders, along with other aspects related to divorce.

The process of divorce

  1. The petition is filed. (The individual who initiates the process is the “petitioner”; the individual who receives the petition and responds to it is the “respondent.”)
  2. The petition is submitted to the court and then delivered to the respondent.
  3. The respondent gives an “answer” or “response” within 1 month.
  4. If there is no “answer” or “response,” the petition goes into Default.
  5. If there is an “answer” or “response,” the formal trial begins.
  6. Whether there is a response or not, it takes 7-9 months for the final sentence to be given.
  7. The majority of the states in the United States do not acknowledge property divorce.
Note After the process of divorce, it is possible to apply for changes to issues involving child support and custody. It is also possible to file an appeal to further address issues that were not addressed completely before. Therefore, it is ideal to make sure that all issues are addressed and that all points are finalized when going through the process of divorce.

Divorce Agreement Requirements

  1. The duration of marriage must be fewer than 5 years.
  2. Including adopted children, there must be no children between the two partners.
  3. There must be no disputes in regards to child custody, child support, or alimony.
  4. Between the two partners, the total of joint debt must be less than $6,000. The total of individual debt must be below $6,000. The total of property under both partners’ names must be less than $38,000.
  5. Both partners must file at the same time. Instead of Petitioner and Respondent, they will be referred to as Husband and Wife.
  6. From the date that the divorce is filed, it will take 6 months before the final decision can be requested. Therefore, it cannot be considered a property divorce.
Once the divorce process has begun, issues like child custody, child support, and visitation will be addressed in order. After those issues are settled, alimony will be addressed.
  • Divorce Agreement : In regards to California, the Joint Summary Dissolution of Marriage is considered a Divorce Agreement. In order to carry out this process, a marriage must meet the requirements of a Divorce Agreement.

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Application for Divorce