Q: How Do I Begin A Dissolution Or Divorce?

A: A Petition is filed and a Summons issued by the court. The Petition reflects statistical data concerning the marriage, such as date of marriage, date of separation, names and birth dates of minor children, request for custody and visitation of children, request for spousal support and/or attorney's fees, etc. These documents must then be personally served on the other party by someone other than the Petitioner. If the other party does not file a Response to the Petition within 30 days, you may request the court to take that party's default.If a default is taken against a party, the defaulting party may lose the ability to participate in the dissolution proceeding.

Q:How Does The Court Determine Who Gets Custody Of Our Children When We Separate?

A: If there are minor children involved in the dissolution, you must file an Order To Show Cause (OSC) requesting temporary custody and/or visitation orders. The court will set a mediation hearing date to have both parties appear before the court to determine custody and/or visitation arrangements. Prior to your court date, you are required to attend an Orientation session. Mediation Orientation provides valuable information to parents concerning the needs of their children during this difficult time in their lives, and suggestions on how to assist the children in coping with the parents' separation. At the mediation hearing, the parties and their respective attorneys, if any, meet with a court appointed mediator (a licensed family therapist in most counties) to try to work out a parenting plan.If the parties cannot agree, the mediator will make a recommendation to the court, which generally becomes the court's order. If either party is not satisfied with the mediator's recommendations and/or the court's order, that party can ask for a trial on the issue of custody and/or visitation.

Q: How Does The Court Determine The Amount Of Child Support And/Or Spousal Support?

A: Child support is set by a formula that all California family law attorneys and courts utilize. The calculation is primarily based on the gross incomes of both parties, percentage of time that each parent spends with the children, income tax filing status of each parent, any economic hardships that each parent may be entitled to claim, etc.

Temporary and/or permanent spousal support may be ordered for certain periods of time, depending on the length of the marriage,the earnings, and/or earning ability of each party. Both parties are generally required to make efforts to become self-supporting.

Q: What Can I Do If My Spouse Is Not Paying Court Ordered Child Support And/Or Spousal Support?

A: You may request the court to issue a Wage Assignment to be served directly on your spouse's employer, or you may file an Order To Show Cause Re Contempt (OSC re Contempt) with the court, explaining the other party's delinquency in detail. You may also request the assistance of the District Attorney Family Support Division to enforce the support orders.If a hearing is requested, the court will then set a date for the matter to be heard, and the documents you filed must be personally served on the other party by someone other than the party seeking the orders. If a party is found to be in contempt, various penalties can be imposed, including monetary sanctions and/or jail time.

Q: If My Spouse And/Or Partner Is Harassing Or Threatening To Harm Me Or My Children, How Can I Get Help From The Court?

A: To obtain Temporary Restraining Orders (TROs), you must file an Order To Show Cause (OSC) Re Domestic Violence with the court and request temporary orders such as stay-away orders, harassment orders, custody orders, etc. The court will either grant or deny the temporary orders and will then set a date for the hearing. The OSC must then be personally served on the other party within certain time limits set by the court prior to the hearing date.