Step 1: Choose The Proper Court
You will begin by answering a series of questions to make
sure that the State of California has “jurisdiction”
over the parties and issues in your case, that the case is
filed in the proper county, and that you comply with local
“venue” rules.
Step 2: Prepare, Download,
And Print The “Initial Document Package”
After we have determined which is the proper court for your
case, we will prepare the initial documents to be filed with
the court.
Step 3: File The Initial Document
Package With The Court
After your initial papers have been prepared and signed, we
will file them with the court clerk.
Step 4: Serve The Initial Documents
After the documents have been filed with the court, they must
be properly served on the opposing party. There are two ways
to meet these “due process” requirements. Either
your spouse can choose to accept service by signing an Acknowledgement
Of Service or he/she must be formally served with the
documents.
Step 5: Entry Of Default (If
No Response Is Filed)
If your spouse has either signed a Acknowledgment Of Receipt
or has been formally served with the Summons and
Petition and has failed to respond within 30 days,
he/she is “in default” and his/her default may,
on your application, be entered by the court clerk. Once the
default has been entered, the Respondent will be foreclosed
from responding or appearing in the case unless he/she is
able to successfully move to have the default vacated.
Step 6: Financial Disclosure
It is the policy of the State of California to insure a proper
division of community property and to further insure that
child and spousal support awards will be fair and equitable.
To this end, California Family Code Section § 2100 et
seq. mandates the exchange of prescribed "preliminary"
and "final" declarations of disclosure, along with
current income and expense declarations, in all marriage dissolution,
legal separation and nullity actions. We'll prepare the financial
disclosures for you and carefully review the disclosures coming
from the other party.
Step 7: Prepare And Notarize
A Marital Settlement Agreement
If we have served the Respondent with the Summons and Petition
and he/she has defaulted (failed to file a Response) and your
case is not going to settle by way of an agreement, you will
skip this step and move to Step 8. However, if you are your
spouse are going to settle the case by way of agreement, we
will prepare an agreement which resolves all of the issues
in your case. Generally these issues include:
- Custody, Support, & Visitation
Of Children
- Spousal Support
- Division Of Community Property\
- Division Of Community Property
Debts
- Payment Of Attorney Fees &
Costs Of Suit
Step 8: Prepare Order To Withhold
Income For Child Support (Wage Garnishment)
Whenever a support order is made or modified, the court must
include in the order an Order/Notice To Withhold Income
For Child Support that directs the paying spouse’s
employer to pay to the party receiving support that portion
of the paying spouse’s earnings due or to become due
as will be sufficient to pay (a) the support amount ordered
by the court, and (b) an amount ordered to be paid toward
liquidation of any arrearage.
Step 9: Prepare And File The
“Judgment Package”
The end result and the final goal of the action for dissolution
or marriage, legal separation, or nullity is to obtain a Judgment
from the court. The Judgment dissolves the marriage and is
a court order which resolves the issues between the parties
such as child custody and visitation, child support, spousal
support, property division, debt division, and the payment
of attorney fees and costs. Whether you obtain that judgment
with the agreement of the other party or after the other party’s
default or after hearing of the matter at trial, a proposed
“Judgment package” of documents must be prepared
for submission to the court.
Step 10: Serve The Judgment
Where there are orders in the Judgment enforceable by contempt
(such as child & spousal support orders or restraining
orders) it is important that a conformed copy of the Judgment
be personally served on the opposing party and that you obtain
a proof of service of the Judgment. Failure to properly serve
notice of any order enforceable by contempt on the other party
may make it impossible for you to bring a contempt action
later to enforce it.
Step 11: File The Child Support
Case Registry Form (If Applicable)
If the court makes a child support order or a “family
support” order containing child support orders, both
parties must complete and file with the court a “Child
Support Case Registry Form” (Form FL-191) containing
information concerning the order to be placed on file with
the State of California. This document is received by the
court but not filed in the court file. It is sent to the State.
Step 12: Serve The Order To
Withhold (Wage Garnishment) On Spouse’s Employer
In cases involving child or spousal support, the last step
in the process is to serve your Order/Notice To Withhold
Income For Child Support on your spouse’s employer
so that the support can be withheld and paid to you.
