Williams & Javellana, LLP
Chico Family Law / Divorce Lawyer
Divorce can be a difficult subject and the laws that govern divorce may vary from one state to another. In the state of California, there are specific laws that govern the process and it is important for you to have legal advice because you want to avoid any issues or unnecessary delays throughout the process. In the area of Chico, California, you can call on the services of Williams & Javellana, LLP to ensure that everything goes properly. What are the steps of divorce that take place in California, which will be assisted with the help of Williams & Javellana, LLP?
First of all, like many states, California has a waiting period of six months for divorces. This waiting period governs your status as a single individual and until the six-month waiting period has expired, you will not be able to file taxes as a single person and you will not be able to remarry. Nothing automatic will occur during that six-month period. It is important to understand, in simple cases of divorce, the case may be completed in under the six-month time period but you will not be given the rights of a single individual until the waiting period has expired.
The first step in the divorce process is to file a petition for dissolution of marriage. This can either be done by you or your spouse. The individual that files the petition is the petitioner and the other individual, the respondent, is served with the divorce papers. The “date of service,” which is the date that the respondent is served, marks the beginning of the six-month waiting period.
If you have been served with a petition for dissolution of marriage, you should contact Williams & Javellana, LLP to review the terms of the petition carefully. It is important to contact Williams & Javellana, LLP soon after you receive the petition, because you may have a limited amount of time (typically 30 days) to respond to the divorce action. If you fail to respond in a timely manner, the other party may obtain a default judgment without your input. There may also be other papers that need to be filed at this time, such as an Order to Show Cause (OSC), which may be filed to establish temporary orders establishing custody, visitation, or financial support
If you are able to reach an agreement amicably, the divorce may be settled out of court. This would require a Marital Service Agreement to be executed, which will outline the terms of the divorce settlement including the division of property, as well as custody and financial support issues.
Divorce can be a complicated matter and it is certainly one for which you should seek legal advice. You can contact Williams & Javellana, LLP for advice and additional information which will help make the process as smooth as possible. Although you will still need to wait the mandatory six months at a minimum, Williams & Javellana, LLP can help you to go through the steps necessary to complete the process as quickly as possible.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015