Costa Mesa Divorce Attorney
Compassionate and Reliable Legal Support in Irvine
Divorce can be a difficult process mentally and emotionally. Depending
on the cooperation of your spouse, the filing process could take months.
Attorney Joyce Komanapalli Jones is an experienced divorce attorney who will take a compassionate and personalized
approach to your case. She will work individually with you from the filing
process to the negotiations process in and out of the courtroom.
Contact us today or call us at
(949) 264-0323 to speak with out attorney.
What Happens When Filing for Divorce?
The divorce process begins when a spouse files the specific divorce forms
with the court, particularly:
The Petition – Marriage/Domestic Partnership giving the court basic information
about the marriage and/or domestic partnership and asking for the orders
they want the court to make.
The Summons – contains important information for the other partner about the
divorce process and standard restraining orders limiting what they can
do with their property, money, children, and other assets or debts.
Depending on the case, the petitioner may also seek to file a Property
Declaration form and, if they have children under the age of 18, a Declaration
Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
After filling out the forms, the petitioner should turn in the forms (originals
and copies) to the court clerk, who, after approval, will take the original
and return the copies stamped “Filed.” Note that the petitioner
will have to pay a filing fee,
depending on the nature of the complaint.
One of the most important steps during the divorce process is serving the
other spouse. The petitioning spouse must inform their partner that they
have started the legal process for divorce by “serving” them
with copies of all their court papers. The judge cannot make any orders
or judgments in the divorce case until the spouse has been properly served.
To serve their spouse, the petitioner may have someone 18 or older to deliver
a copy of the papers to their spouse or domestic partner. The “server”
can be a friend, relative, county sheriff, or process server.
The subsequent steps in the divorce process will depend on whether the
spouse responds to the petition and whether they can reach an agreement
on the terms of the divorce. It is best to consult a divorce attorney
to better streamline the filing process and any necessary communication
between the separating spouses, especially when sensitive negotiations
loom ahead involving matters like child custody and alimony.
Contested vs. Uncontested Divorce
In matters of divorce, decisions are seldom easily made. Getting a divorce
requires compromise on many issues including asset and debt division,
child support and custody, alimony, among many other matters. Sometimes
these compromises are amicably made and others, there may be arguments
back and forth about what is the right choice. Whether the couple is able
to agree on major issues or not can affect the time it takes for the divorce
to be finalized.
Uncontested divorce: the couple agrees on most issues and are able to come to their own conclusion.
Uncontested divorces are often quicker than contested divorce and likely
won’t require a trial.
Contested divorce: the couple is unable to agree on the terms of their divorce and must be
settled in court by a judge. Contested divorce is sometimes unavoidable
and can take a considerably longer time to be finalized.
Contested divorce is often emotionally charged. Having experienced attorneys
by your side to fight for you is crucial to ensuring you get the best
possible outcome. Our team is well-experienced in divorce proceedings
and are here to support and help you.
Speak with Attorney Jones in a
free consultation at
(949) 264-0323 or online to learn more about how she can protect your rights as a spouse