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Fremont, CA – How the Divorce Process Works from a Family Lawyer / Attorney

Divorce is often considered the final step for a failed marriage, but that’s a glass half empty way of looking at things. On the flipside, a divorce is also a new beginning when romantic love has run its course and the two spouses have now grown apart.

What’s in store for you once you firmly decide that you want a divorce?

Vonnah Bagner, premier family attorney of Bagner Law, PC of the East Bay area, provides an overview and lets you know what to expect once you initiate divorce proceedings.

File and Serve

If you just spoke the words and put it in the air, congratulations. You have taken the first unofficial step towards your divorce, but there is nothing legal about what you’ve done so far. To truly make it official, you need the government’s favorite thing– paperwork!

Step one involves gathering the required documents and filing them with the court. You’ll need to provide information about both parties, the marriage itself, and state your grounds for divorce.

In California, “irreconcilable differences” is always a good one.

Once the papers are completed and filed with the court, they will have to be served to your spouse. You may choose to hand them over personally, if you are both in agreement that divorce is the right move, or you may have a court process server do the deed if you’re afraid of the reaction you may receive from your soon-to-be former spouse.

Your spouse has thirty days to respond and indicate whether or not they agree. If they fail to reply, you can seek to be granted default judgment by the court, but more than likely your spouse will want a say in the matter and they will therefore respond.

Disclosure and Discovery

You know everything about yourself, your partner, and the marriage, or do you?

The court and your attorneys know nothing until proceedings begin, and the first thing they’ll do is undergo a disclosure and discovery process that seeks to uncover all information regarding assets, finances, and other pertinent tidbits.

Your lawyer will leave no stone unturned to ensure there are no curveballs once negotiations are underway.

Negotiation and Settlement

Once all the cards are on the table, you’ll need to make some potentially difficult decisions regarding what to do with it all. 

The State of California will mandate that all property acquired during the marriage is separated in a fair and equitable manner, but you may be able to retain more than what you’re entitled to during a 50-50 split if you can prove you deserve it or persuade your spouse to relinquish any claim to it.

If you’re able to hash things out during negotiations and/or mediation, then kudos to you. You can cement the settlement in paper, sign on the dotted line, and you are done!

If not…

Court Hearing and Judgment

You’ll have to take it to court if things get bloody. Some divorces settle out of court, but many wind up before a judge where the final say will be left to them.

Your lawyer will provide ample assistance leading up to the courtroom, but during the hearing they will truly shine and fight for your best interests.

If you’re in need of the best representation in the East Bay area, you can’t find any better than Vonnah Bagner of Bagner Law, PC. Call now for more information.

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