Upon filing of the Summons and Petition

Standard Family Law Restraining Orders are placed in effect. They are found on page 2 of the Summons, and prohibit either party from:

1) Removing a minor child of the parties from the State of California without an order of Court or written consent of the other party;

2) Cashing in, borrowing against, canceling,transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability held for the benefit of the parties and their minor children;

3) Transferring, concealing, or in any way disposing of any property, whether community or separate, without the written consent of the other party or an order of court, except in the usual course of business or the necessities of life; and

4) Creating or modifying a nonprobate transfer in a manner that affects disposition of property without the written consent of the other party or an order of court.

Both parties should review theses temporary orders carefully. Individuals representing themselves in a divorce are held to the same standard of compliance as parties represented by counsel. In other words, ignorance or misunderstanding of the law is no excuse.

Upon commencement of the proceedings, the first step for parties unable to reach agreements on their own is to obtain “temporary” orders while the matter is pending in court and until issues are ultimately resolved. These temporary orders can include:

Temporary child custody (a "parenting schedule")

Temporary child and/or spousal support

Temporary exclusive use and possession of property, and obligation to pay community debts

Protective orders to prevent harassment or domestic violence, when necessary

Temporary award of attorneys fees to ensure both spouses have equal access to legal representation

During the discovery and disclosure process, experts might also be employed as consultants and witnesses. Lawyers use experts to provide help in a number of ways:

an actuarial consultant can value retirement benefits

forensic accountants can do sophisticated accounting or tracing of money

financial planners can determine future economic circumstances

business evaluators can value businesses

psychologists can testify to mental health issues

real estate appraisers can value real estate

a vocational evaluation can be used to determine a spouse’s ability to support themselves and potential for employment

Generally, a negotiated settlement is usually better than what a Judge will order at trial, especially considering the cost of legal fees incurred in trying the case.

Sacramento Divorce Guide & Divorce Attorney

Divorce in California is governed by the California Family Code. All issues affecting families in divorce are provided for in the Family Code including issues affecting children, division of property and debts, and issues of child and spousal support.

A divorce case is commenced by filing a Summons and Petition. Once filed,the other spouse must be personally served with the Summons, Petition, and blank Response forms by law enforcement or a private process server. Although not recommended, the other spouse can be served by any competent adult over the age of 18. The divorce process is sometimes viewed as three phases: the "temporary” orders phase, the"discovery" or “disclosure” phase, and the "resolution" phase.

The Court has discretion in resolving some of these temporary issues. However, child support (and spousal support while the divorce is pending in court) is governed by statute, and support is calculated according to a set formula in California. In general, the Courts favor maintaining the status quo when and to the extent possible.

Some people are able to resolve these issues on their own or informally through their Attorneys. Where the parties cannot agree, the Court must resolve the issues and a Court hearing is necessary. In that event one party will file a motion requesting the court grant specified orders, and the matter will be set for a hearing approximately 4 to 5 weeks away. The opposing party will have an opportunity to submit a written response or opposition to the moving party’s motion, and the Court will enter an order at the hearing which will be binding on the parties until either Judgment is issued or complete settlement agreement is reached.

With regard to child custody, various options are available. If the parties are able to agree on custody and visitation (a “parenting plan”) of the minor children, that parenting arrangement can be incorporated into a temporary agreement or final judgment. If the parties are unable to agree, the Court will require parties involved to attend mediation. Mediation regarding child custody and visitation (as opposed to ‘mediation’ by an attorney mediator on all dissolution issues) utilizes a mental health professional trained as a family law mediator who attempts to assist the parties to reach an agreement regarding child custody and visitation. If the parties reach an agreement in mediation, the Mediator will write a report documenting the agreement and submit it to Court for inclusion in a court order. If the parties are unable to resolve their differences with custody issues, the Mediator will write a report to the Court with their recommendation as to what parenting plan, in their opinion, is in the best interests of the minor child or children.

The “discovery" or “disclosure” phase of the case involves the identification of the contested issues, and a disclosure of all of the assets, income and debt of the parties. Each party is required at the beginning of the proceedings to make a Preliminary Declaration of Disclosure, and a Final Declaration of Disclosure before any trial or ultimate settlement agreement. These disclosures should include supporting documentation of all assets and obligations, as well as each party’s income.

When lawyers prepare a case for settlement or trial, they may use several investigative tools, both formally and informally. For example, the law allows a party to ask the other party written questions under oath, require production of specified documents, admit or deny certain facts, and to require third parties to produce documents or answer questions. Also, the attorney for a party may require the other party to submit to a “deposition”, which is an informal proceeding usually in the attorney's office in which a party must answer questions under oath, and the answers are recorded by a court reporter.

Depending on the complexity of the case, this phase can go quickly or require a more extended period of time. This phase is typically the most time consuming, and can be the most expensive. Generally, the more cooperative the parties and their attorneys, the less expensive and time-consuming this phase is. Where issues are simple and assets and their values readily identifiable, these issues can often be resolved quickly.

The final phase of the case involves the resolution of the case either through settlement or trial. The vast majority of all cases settle. However, it sometimes takes significant work and preparation before either party has enough information to make settlement decisions. Whether a case can be settled by agreement rather than decided by a judge after contested trial depends on the parties and their attorneys. A cooperative approach between the clients and attorneys for each side can greatly lessen the expense of divorce. The issues involved might also dictate whether there must be a trial. It is foolish to spend thousands of dollars in legal fees fighting over an asset worth half as much. Many lawyers will use informal settlement procedures during which the parties and lawyers meet to explore settlement options. Written negotiations are sometimes used as well. Each case has a unique dynamic that will dictate the method of achieving settlement.