Spouses Should Not Stall When Served With a California Divorce Petition
Riverside County, CA (Law Firm Newswire) October 18, 2011 - Riverside County divorce attorney Gerald Maggio was recently reminded by a client’s soon-to-be ex about the great misconception of divorce. “The spouse said ‘I won’t sign the divorce papers. I am not agreeing to this and will not accept her leaving me’,” recounted Maggio. “California does not require mutual consent for a divorce in all cases.”
Both spouses can agree to a divorce, however hard it may be, or a spouse can pay the appropriate fees and check that irreconcilable differences have led to the divorce. A default divorce will divide the assets and debts as well as the child custody and child support in the divorce filer’s favor. Anger and resentment about the divorce often leads to a spouse stalling the divorce out of disbelief, but there are time requirements to answer a divorce petition or a spouse can really shortchange themselves.
“When one spouse truly has a hard time getting to terms about the divorce, mediation can be the best way to civilly discuss the division of property, assets, child custody, and any other concerns,” said Maggio. “Mediation is far less emotionally taxing and less expensive than divorce litigation.”
Mediation will conclude with a settlement agreement that both parties have constructed and agreed on. This will be signed by both parties and approved by the state family courts. Otherwise, if a divorce goes to litigation, a judge will hear from both parties and examine all the evidence. The final orders are issued by a judge that decides who will get what part of the marital estate, assets, and other issues.
“It is in a spouse’s best interests to mediate a divorce settlement more than having a judge decide your fate,” said Maggio. “It’s wise to get a strong support group of family and friends to help you through a divorce so you don’t cause yourself to stall and have more stress in the end.”
The Maggio Law Firm
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
Call: (949) 553-0304
3750 University Avenue, Suite 670
Riverside, CA 92501
Call: (949) 553-0304
View Larger Map
- What Happens After The Divorce Papers Are Served?
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 […]
- How Is Property Outside of California Divided in a California Divorce?
When the time comes for couples to get divorced, one of the many bones of contention between the two is the state of their assets and how they are to be divided. Division of assets and finances is particularly important since it determines the type of life a person will have to lead after the […]
- The Connection Between California Child Custody & Support
Child custody are one of the biggest issues in Orange County divorce cases, with a large number of parents and spouses battling it out in bitter court cases. There are a large number of people however who fight their child custody and visitation cases with complete commitment but are unable to keep an eye on […]
See other news sources publishing this article. BETA | Tags: orange county custody attorney, orange county custody lawyer, orange county divorce, orange county divorce attorney, orange county divorce lawyer, Riverside County divorce attorney, Riverside County divorce lawyer