What should you know about starting a divorce in Carlsbad, Encinitas, Oceanside, Vista or North County? A divorce is actually commenced when one of the spouses file is a petition to dissolve the marriage in the Superior Court. Simultaneously with the filing of the petition to dissolve the marriage the court issues a summons. Then the summons and petition must be served upon the other party. The person who filed the petition is and will forever be in the case the “petitioner” the other spouse will be the “respondent.”
Service of the summons in the petition commences a six month clock ticking. California law requires a six month waiting period before the parties can be single again. In other words, even if all the issues are resolved before the expiration of six months, the marital status cannot be terminated until the court has had jurisdiction over both parties for a minimum of six months.
What else should you know about starting a divorce? The service of the summons also creates an immediate order of the court. That order includes the automatic temporary restraining orders. The automatic temporary restraining orders restrict either parent from removing any of the minor children from the state of California without the written consent of the other parent or a court order first obtained. The automatic temporary restraining orders also prohibit either party from changing the beneficiaries of any insurance including health insurance, automobile insurance and/or life insurance. Finally, the automatic Temporary Restraining Order prohibits either party from transferring, concealing, borrowing against or otherwise changing or altering the status of the estate without the written consent or court order first obtained.
Because the automatic temporary restraining orders come into effect it is important to address these issues before the filing of the petition if either spouse plans or intends to make any substantive changes to the assets or the insurance. It is also important that if a parent intends to vacation travel with one of the minor one or the minor children outside of North County and certainly the State of California that appropriate written consent or court order is first obtained.
What should you know about starting a divorce in North County San Diego? As much as possible. Your actions in every aspect, from truthful financial disclosures to social media posts, will have a tremendous impact on the ultimate outcome of your divorce. Seek the counsel of the experienced Certified Specialists (Family Law) at Burke & Domercq and contact us or call 760-712-3741 to schedule an appointment.