Home | Practice Areas I Family Law | Domestic Parterships

Petition: A Petition for Dissolution (either of the marriage or domestic partnership) is the first step in notifying the court and the other party (when they are served with the Petition) that a Dissolution proceeding is being initiated. The Petition also notifies the court and the other party what the Petitioner, the party filing the Petition, wants the court to order regarding custody, visitation, support, property division and fees and costs.

Response: The party who is served with the Petition then files a Response. The Response is just that, a response to the Petition and the request for temporary orders sought within the Petition. In California you have thirty days to file a Response to the Petition or you may lose your right to present your case to the court. The party who is served with the Petition and files a Response is thereafter referred to as the Respondent. There is no real benefit or advantage gained by filing first or in being the Petitioner or the Respondent. Each party will receive an equal amount of time to present their case to the court, regardless of designation.

Temporary Orders: The Court will issue orders in the beginning stages of a matter known as Pendente Lite Orders which temporarily govern custody, visitation, support, who lives in the house, who pays what bills and other matters. These orders remain in place while the case is pending but can be modified by written agreement of the parties. Pendente Lite Orders remain in effect only until the case is resolved. The “final” orders will either be dictated by a settlement agreement or by a judgment issued by the court. Again, the courts will also strongly encourage the parties to reach an agreement between themselves as to the terms of the Pendente Lite Orders.

Discovery Process: Each party has the right to receive information from the other regarding matters involved in the dissolution. The process by which the parties exchange information and by which the attorneys request additional information is called discovery. The discovery process is governed by certain sections within the California Code of Civil Procedure. Formal discovery can consist of written questions, document demands, depositions, etc. with which the other party must comply (subject to objections and protective orders).

Once the Petition and Response have both been filed and Pendente Lite Orders have issued, the parties begin the process of exchanging information, financial and otherwise. The California Family Code places heightened duties on each party and requires that each party provide to the other any and all information or documentation related to any asset or debt in which either party may individually (as separate property) may have an interest or the parties as a married couple (as community property) may have an interest. Failure by either party to disclose the existence of such property can result in the final agreement or Judgment being thrown out by the court.

Financial Disclosures: Part of the discovery process is the exchange of Preliminary Declarations of Financial Disclosure between the parties. There are two forms involved in this Preliminary Disclosure which are to be completed by the parties: 1) the Income and Expense Declaration, and 2) the Schedule of Assets and Debts. These forms can be viewed at the link provided above. The purpose of completing these forms is for each party to accurately and fully disclose to the other a complete picture of their individual and community finances. When these forms are completed, they are exchanged. Each party then reviews the other party’s Disclosure and, with the assistance of counsel, develops a discovery plan in order to obtain additional information as to any missing items or as to any items which one party claims as their separate property (separate property is not subject to division in a dissolution).

Settlement Discussions: Once the discovery process is substantially completed the parties can engage in settlement discussions. This can happen with the court’s assistance in the form of a Settlement Conference (where the judge actively assists in settling the case) or it can happen informally, usually in the form of a group meeting between both parties and their counsel. If the parties, through negotiation, can agree on terms for resolution of any or all of the areas listed previously (custody, support, etc.) then these terms can be reduced to a stipulated order or judgment which enters the agreed upon terms as an order of the court. If the parties agree on resolution for none or just a few of the areas listed, then the parties will proceed to trial or possibly formal mediation on the remaining unresolved issues.

Mediation: Mediation consists of both parties meeting with a disinterested third party (the mediator) who will actively work with the parties to reach an agreement. In cases involving children, often the parties will be ordered to participate in mediation in the early stages of the case in order to encourage the parties to work with each other to resolve their differences surrounding custody and visitation. The parties will usually only engage in mediation on property issues if they mutually agree to do so. Mediators themselves are individuals who have received special training to work with those involved in high-conflict situations to assist the parties’ ability to communicate with one another in an effort to settle their disputes amicably.

Trial: The vast majority of dissolution cases are eventually settled by agreement between the parties. However, if no agreement can be reached through settlement discussions or mediation, then the parties proceed to a formal trial, either in California Superior Court or with a private judge. During the trial, each side will have an opportunity to present their story, their evidence and their witnesses to the judge. There are no juries in family court and the final decision is made by the judge, who issues a written judgment, or Statement of Decision.