What happens after divorce papers are served in an Orange County divorce after divorce papers are served is a common question. The answer depends on whether the divorce case is contested or uncontested.
In this blog, we take a look at the scenarios where the case is contested.
The Response — Preliminary And Final Declarations
The response to the divorce petition is given on an FL-120 form. This form can be filed by the person being served the notice either with a claim for divorce or without one. California law doesn’t require both spouses to agree to a divorce. As for the preliminary declaration of disclosure, there are multiple forms that need to be completed. Income and expense declaration forms are the important ones that need to be filled and filed.
Preliminary and Final Declarations of Disclosure are the financial declarations of your income, expenses, and assets, and needs to be filed before the trial starts. This is to help the opposing counsels be aware of each of the client’s financial capabilities.
Temporary Order Requests After Divorce Papers Are Served
Once the divorce order is served, the petitioner can then file to the court for temporary orders. This option is also available for the respondent. Both can go to the Orange County family law court to seek one of the many types of temporary orders. These orders can be for:
- Child custody
- Spousal Support
- Attorney Fees
- Child Support
- Emergency Law orders concerned with the family
Usually, the support and attorney fees order will be subjected against the one with higher earnings of the two spouses.
The Discovery Process Post The Serving Of Papers
The process of discovery is common in Orange County divorce cases once the divorce papers are served. This process is done on the request of one of the spouses against the other on apprehensions of falsification in declaration. This process will usually include:
- Special Interrogations done through custom made questions
- Form interrogations done through questions that are pre printed
- Disposition notices
- A production of documents request to the spouse
- Requests to a spouse to accept certain facts as true
- Request to a spouses to certify the geniuses of certain documents that they have presented or that have been presented against them.
A disposition is basically a process where one of the spouses is asked questions under an oath outside of court, usually in attorney conference rooms but in the presence of the court’s reporter.
Settlement Offers and Trial
A case is being contested is not reason enough to suggest that it can’t be settled without a trial. Once the divorce papers are served the lawyers of both, the spouses can sit together to try and settle the case out of court, before it goes on trial. If that option elapses and no progress is made, the case will go on trial in an Orange County family law court.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.