Donald P. Schweitzer Family Law Blog on Lawyers.com

Settle vs. Going to Court

Friday, November 13, 2009 by Donald P. Schweitzer

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Filing for Divorce

In California a divorce begins when the “Petitioner” files a Petition for Dissolution of Marriage in the Superior Court.  The court is asked to dissolve the marriage and resolve any issues that result from the divorce including: child and spousal support, property and asset division, division of debts, and the payment of legal fees.  The reply of the “Respondent” determines whether the divorce is contested, uncontested or default.  In most uncontested cases mediation is the obvious choice.

Uncontested Divorce

In an uncontested divorce case, both parties work together to resolve any issues by way of written agreement.  In some cases a respondent initially defaults or files a response and both parties later settle.   In the case of an uncontested divorce, the parties usually do not go to court. Once all issues are resolved a Marital Settlement Agreement or Stipulation for Judgment, is submitted to the Pasadena court. This does not generally mean that the issues were resolved easily or quickly, but it does mean both parties were able to reach an agreement without involving the court.

Contested Divorce

In a contested divorce case, a response to the petition is filed but neither party can reach an agreement.  At this point the court must get involved and resolve the issues on behalf of both parties.  Hope for reconciliation, religious beliefs and/or revenge are generally the motivating factors behind contesting a divorce.  Even with emotions running high, contested divorces are rare in today’s court system.  In most cases avoiding trial is in the best interest of the family, thus motivating both parties to reach a Marital Settlement Agreement through mediation.

Article By:

Donald P. Schweitzer201 South Lake Avenue, Suite 700
Pasadena, CA 91101
866-477-4485

 
Posted at 09:55 AM
Topic: Family Law
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