If you have been served with a petition for dissolution of marriage, you are probably wondering what your options are. In most cases, it is in your best interest to contact an experienced California divorce attorney that will be able to answer all of your questions and concerns, as well as give you advice for best practices pertaining to your situation. But in an effort to briefly educate you and offer you some immediate information on the topic, here is a discussion about different ways to respond and the possible outcomes stemming from how you choose to do so.
Options and Timeline for Responding to a Petition for Dissolution of Marriage
Once you have received the petition, you will see outlined how the petitioning spouse believes matters of community property, support and custody should be handled. After reviewing these materials, there are two trajectories that your divorce may take. You may agree with all of the stipulations put forth in the petition concerning property, support and child custody, or if you default by not responding, your dissolution will move forward as an uncontested dissolution. In most cases, this route that may result in neither party having to attend a hearing is by far the easiest way to settle a divorce. Your attorney will draw up a Settlement Agreement that will be filed with the court for the court’s approval.
Or, it may be that you do not agree with what is outlined in the petition. If this is the case and you wish to dispute the information that your spouse provided, discovery will begin during which documents will be reviewed and invasive questions will be asked in an attempt to find out exact information about how much time is spent with the children, the exact value of your communal property, retirement funds, etc.
While verifying the validity of this information to make sure that the outcome of your divorce is fair for both parties and that your children are properly taken care is of extreme importance, due to the discovery process, your dissolution may take months longer to complete. After the discovery process has been completed, it is possible that you may still find that a settlement cannot be agreed upon. If this is what happens to your case, you will then be forced to go to trial to have a judge sort through the information and make a final judgment.
Contact Bohm Wildish to Get the Help You Need
You can see that how your response or failure to respond is crucial to how your divorce will be carried out. In both situations, it is in your best interest to speak with a divorce attorney that will be able to draw up a Settlement Agreement that works for you and your spouse, and if it is inevitable, handle the discovery process for you. Contact Bohm Wildish at 1-877-615-6620 to discuss your options with an experienced team of California divorce attorneys that will be able to help you get the results that you need.