Carlos J. Tavares Family Law Blog on Lawyers.com

FAMILY LAW MATTERS, FAQ’s

Attorney at Law

What is the difference between Dissolution and Divorce?
There is no difference. The terms Divorce and Dissolution mean the same thing.

How long does it take to get divorced?
In California, it takes a minimum of six months. This means that the earliest a Judgment for Divorce can be obtained is six months after the date the Divorce was filed.

Can one party obtain a divorce if the other party does not consent?
Yes. The mere allegation by one party that "irreconcilable differences" has arisen is adequate grounds for dissolution. Therefore, consent of the other spouse is not necessary to obtain a divorce in California.

How long does it take to receive child or spousal support?
Since a dissolution proceeding takes at least six months to complete, the Court has the jurisdiction to make temporary orders. Thus, once a party has filed for dissolution, they can immediately request a hearing whereby the Court has the ability to order the payment of child and spousal support, custody, visitation and various other special orders necessitated by the circumstances of the parties. The hearing date will generally be set 30 to 45 days after the request is made. However, in special circumstances the Court will allow an exigent matter to be heard in as little as 48 hours.

If I file for divorce, who decides who gets custody of the children?
The parties have the ability to reach their own agreement and enter into a "stipulation" regarding the custody and visitation of the parties' minor children. If the parties cannot agree, either party can request a hearing whereby the Court will decide the custody and visitation arrangement. However, when a hearing date is issued for custody or visitation, an additional date will also be calendared requiring the parties to attend mediation with Family Court Services. This mediation will occur before the date of the custody and visitation hearing. The purpose of the mediation is to assist the parties in reaching an agreement. If an agreement cannot be reached in the mediation, the mediator will submit a recommendation to the Court. The Court will then take the mediator's recommendation into consideration at the hearing.