Divorce
Happ Law Group P.C. provides helpful and knowledgeable representation to women and men going through or considering divorce. We also handle all the issues that must be resolved before a divorce can be finalized, such as child custody, support, and property division. Our firm offers a strong knowledge of California family law, a dedication to meeting clients' needs, and a willingness to listen.
To discuss your situation with a family law attorney, contact the Mission Valley office of Happ Law Group P.C. by calling (619) 906-5800.
1. What s Divorce?
2. Understanding the Divorce Process
What is Divorce?
Divorce (or “marital dissolution”) is a method of terminating a marriage contract between two individuals.
From an emotional standpoint, divorce is among the most difficult challenges an individual will face. It involves serious life changes requiring major personal, family and financial decisions under significant emotional stress. Being well informed and receiving trustworthy legal guidance is absolutely critical to your future.
From a legal standpoint, divorce restores an individual's right to marry someone else. The process also legally divides marital assets and debts and determines the care and custody of the children.
Since California is a “no-fault divorce” state, a spouse is not required to prove that the other caused the breakdown of the marriage. As a result, either you or your spouse may obtain a divorce, even if one of you does not consent it.
Family law in California is complex in many respects. It can be very risky to rely on your own presumptions or to assume that divorce advice given to an acquaintance would be applicable in your case. Whatever issues may be disputed, your needs are unique, and we will work with you to get the best possible results.
Understanding the Divorce Process
To commence an action for dissolution, a party must file a Petition for Marital Dissolution, together with other mandatory documents. The initial documents are then served on the other party, who is given a certain amount of time to respond.
After the initial paperwork is filed, the manner in which a dissolution proceeds depends, in part, on how the party upon whom the dissolution papers are served (the “respondent”) responds to the Petition.
An action for dissolution may be uncontested, contested or by default. If the parties are fortunate enough to remain in agreement over property and/or debt division, child custody and/or support terms, our firm can help finalize an uncontested divorce without a hearing or a trial. But when the parties are unable to reach an agreement, a hearing or a trial will have to be set. The more contested or prolonged the divorce, the more grueling the process will be and the more costly it will become.
In a default proceeding, the respondent fails to respond within the time frame permitted by California statutes. The Court clerk will enter the respondent’s default and the dissolution proceeding continues without that party.
