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Under California law, a divorce will not be finalized for six months after service of the initial divorce paper work and only upon the issues in the case being resolved. However, certain issues simply cannot wait for this time period to elapse. Who stays in the house and who leaves? Who is responsible for making the car insurance payments? Who will be the primary custodial parent of the children and how much visitation will be shared? What about temporary child support or spousal support? One of the first items we take care of is to make sure you have temporary orders allowing you access to certain property, support and most importantly your children. These orders are very important and set the tone of your entire case.
Discovery
The discovery process allows us to obtain information from your spouse and determine the position they will take regarding the issues in your case. There may be experts involved during this phase to help determine the value of property or business interests, or to evaluate custody.
Settlement Efforts
The majority of contested cases are resolved during this stage. We request a meeting with the other party and his/her representative to see about settling all issues. If a settlement of all issues is not possible, we will attempt to find common ground and come to a partial agreement. This allows us to segregate issues still in contention and work to resolve those issues.
Our courts require that each party compose a Settlement Conference Statement, outlining the issues which the parties do not agree upon along with our proposal for settling the case. We represent you at a Settlement Conference Hearing, where often times the court provides guidance on a particular issue, allowing for the settlement of your case.
Upon the parties coming to a complete agreement, we will then announce the agreement in open court or we may draft a stipulated judgment for the parties, their respective attorneys and the judge to sign.
Trial
In the event there is no agreement between the parties during the settlement phase of your case, both sides prepare for trial. Depending upon the complexity of your case and the number of unresolved issues, the case can take a couple of hours or up to several days to be heard. If either party is not happy with the court’s decision, either side will have 60 days to appeal.
Think of a bifurcation as the ability to split the divorce proceedings into two parts. This process allows for the dissolution of the marital status (allowing you to remarry or just be free), and reserves the property issues to be heard on a later date.
If the property issues are bogging down your life, see our experienced attorneys about a bifurcation.
Always a Free Case Evaluation
Have additional questions? Contact The Arnold Law Group today. We offer free case evaluations to all potential clients. Call (559) 439-0900, or complete our free case evaluation form.
If you are considering divorce, child custody, support, adoption contact the Arnold Law Group. We are Fresno Family Law Attorneys committed to your future. We proudly serve the residents of the California Central Valley, including: Fresno, Clovis, Bakersfield, Hanford, Lemoore, Tulare, Visalia, Porterville, Madera, Chowchilla, Oakhurst, Coarsegold, Bass Lake, Merced, Modesto and all surrounding areas.