Divorce in Westlake Village & Thousand Oaks, CA

The Divorce Process in California

Any divorce starts with a court filing of a Petition for Dissolution of Marriage that states your intention to end your marriage. The paperwork must then be served on your soon-to-be ex for them to respond if he or she chooses to do so. Temporary orders may then be sought and will usually be issued by the judge. Financial disclosures discussing each party's income and assets must be exchanged by spouses. Discovery will then usually occur to obtain all relevant information. When you and your ex come to an agreement on all important matters, a settlement agreement can be prepared and signed so that your divorce can be finalized. When a voluntary settlement cannot be reached, your case will have to proceed to a mandatory settlement conference, and if not settled there, to a trial before a family law judge. At the trial, the judge will hear testimony from the parties and witnesses, review admissible evidence offered, and make a ruling. A final judgment will then be prepared. Your divorce will be finalized after the judge signs the final Judgment.

Divorce FAQ

How long does a typical divorce process take?

While every divorce case is unique, it's generally important to know that a divorce in California can take anywhere from six months to a few years to finalize. The duration often depends on the complexity of the case, the cooperation of both parties, and the capacity of the court. Our team at Richard Ross Associates will strive to make the process as smooth and efficient as possible, keeping your best interests at the forefront.

How is child custody determined in a Divorce?

In California, the courts base their custody decisions on what they believe to be the "best interest" of the child. Factors considered include the child's health, safety, welfare, and the nature and amount of contact with both parents. Our Westlake Village divorce lawyers are committed to helping our clients navigate the child custody process with sensitivity and dedication.

What is the difference between community property and separate property?

California is a community property state, which means all assets and debts acquired during the marriage are generally considered equally owned by both parties. Separate property includes anything owned before the marriage, gifts, or inheritances received by one spouse during the marriage. Here at Richard Ross Associates, we can help you identify and properly classify your assets and debts during the divorce process.

Do I really need a lawyer for my divorce?

While you're not required by law to hire a divorce lawyer, having one can greatly benefit your case. Divorce proceedings can be complex and emotionally challenging, with numerous financial and legal implications. The right Westlake Village divorce attorney will be able to provide the experienced support, and guidance needed to protect your interests and help you navigate the legal process with confidence.

What happens if my spouse and I can't agree on terms during our divorce?

If you and your spouse can't agree on terms, your divorce is considered contested. In this case, you may need to go to court and have a judge make the decisions for you. However, our team at Richard Ross Associates is experienced in negotiation and mediation techniques that could potentially help you and your spouse reach an agreement outside of court, which can save time and emotional stress.

Remember, these are just general answers to your questions. For guidance tailored to your specific circumstances, we strongly encourage you to call (805) 777-1011.