Divorce Proceedings

At Nelson Hittelman, LLP, our attorneys practice exclusively in the area of family law, focusing a significant portion of our practice on all aspects of divorce proceedings.

Divorce Proceedings Generally

In California, a divorce is called a Dissolution of Marriage.  The proceeding is commenced by one person who files a Petition and Summons for Dissolution of Marriage; throughout the proceedings, the person who filed the petition is referred to as the Petitioner, and the other divorcing spouse is referred to as the Respondent. 

Once the petition and summons are filed, the divorce proceeding will encompass a resolution of all issues related to the ending of a marriage, including: child custody and paternity, child visitation, child support, spousal support or alimony, asset valuation issues, property division, division of assets, division of debts, rights of reimbursement, credit issues, restraining orders and all other related issues regarding the marriage will be formally resolved.  The final order resolving the marital issues will generally be called a Judgment of Dissolution of Marriage.

At any time during the dissolution proceedings, a case may settle in full or in part, or a case may proceed on to a hearing or trial on some or all of the marital issues.  Whether a case settles or goes to trial usually depends on the complexity of the issues in the case (for example, how to enforce court orders) and how motivated the parties are to compromise and achieve closure. 

Length of Divorce Proceedings

A divorcing spouse is not entitled to terminate his or her marital status until six months and one day have passed since the date the Petition for Dissolution of Marriage was served on the Respondent.  More often than not, cases take longer than six months to be completed.  When that happens, spouses can request that the case be "bifurcated," allowing marital status to terminate and the remaining issues of the divorce case to stay active.

Residing in the Family Home

Unless the court finds there has been domestic violence, neither spouse can be forcefully excluded from the family residence.  Many people reside together throughout the entire dissolution process.  Although this may not be the ideal situation, it may sometimes be a necessity because of financial concerns.  

Whether you are considering filing for divorce in Newport Beach or surrounding areas or your spouse has instituted divorce proceedings, seek advice from an experienced divorce lawyers in order to understand all your options and protect your legal rights.  At Paul J. Nelson & Associates in Orange County, we are Certified Specialists in Family Law, and we have extensive experience handling divorce matters efficiently, effectively, and compassionately.  Contact us for a free consultation today.