California is a "no fault" divorce state which requires the division of (community property) assets and debts equally between divorcing parties. Since fault for the breakdown of the marital relationship has been completely eliminated, the battlegrounds generally are located on the issue of the categorization of and value of property, allocation of the property and debts, parenting issues and support issues.

A dissolution proceeding begins with the filing of a Petition by one party. The Petition is then served (either personally or by mail) upon the responding party. The party originally filing the Petition is known as the "Petitioner" and the other party is known as the "Respondent". The date of service of the Petition on the Respondent is a significant date, as it commences the 6-month waiting period between the start of the dissolution and eligibility to request that the marital status of the parties be terminated. If all issues are not resolved at the end of the 6-month period, and you would like your marital status terminated, you can proceed to terminate the status of your marriage by utilizing a process called bifurcation. Until your marital status is terminated, you are not free to remarry. Following receipt of the Petition, the Respondent has 30 days (unless Petitioner's attorney grants additional time) in which to file his or her responding statement to the facts. After that time, the case may be set for a Court hearing. If there are custody and support disputes, it is customary to file what is known as an Order to Show Cause (OSC) to obtain a special early hearing for temporary orders for custody, support and for restraining orders. Custody and visitation disputes are now referred by the Court for mandatory counseling at "Conciliation Court" (within the Courthouse) prior to having a Court hearing on those issues. If an Order to Show Cause is filed on your behalf, a copy will be given to you, and if an appointment with the Conciliation Court is necessary, we will do that on your behalf as well. We will meet prior to the court hearing to discuss your situation and prepare you for your appearance in court as well as your appearance for conciliation if required. Read More...