Divorce Attorney | Westlake Village, CA
Richard Sperling
Divorce is both a major life transition and a legal process. Richard Sperling provides experienced, ethical guidance designed to reduce unnecessary conflict, control expense, and help clients move forward with greater clarity and confidence.
Divorce Attorney | Westlake Village, CA
An effective, ethical, and experienced divorce attorney can get you results without unnecessary conflict, expense, and delay. Divorce is not only a major life transition, it is also a lawsuit. Effective counsel can reduce conflict and expense, and avoid delay.
The first step in a divorce is to meet with an attorney and discuss your legal options. To file for divorce, one of the parties must be a resident of California for the preceding 6 months, and that person must have lived in the county of filing for 3 months. When necessary to protect a party, the court will issue additional restraining orders.
How the Divorce Process Typically Begins
A divorce is commenced by filing a Petition with the court. The court charges a $435 filing fee, and a copy of the filed Petition is provided to the Respondent spouse. Filing the Petition begins a six-month waiting period. This “cooling-off” period must pass before a judge will sign a divorce judgment.
File the Petition
The case begins with filing the Petition and formally providing the other spouse with the filed papers.
Six-Month Waiting Period
California requires a six-month waiting period before a divorce judgment can be finalized.
Temporary Agreements or Court Orders
During the waiting period, spouses often work out temporary arrangements involving custody, support, expenses, and use of property.
Resolution or Hearing
Many cases end with a final settlement agreement, while others proceed to hearing if agreement cannot be reached.
Temporary Orders and RFO Proceedings
During the 6-month period, most spouses reach a temporary agreement. If temporary agreements cannot be reached for custody, visitation, support, attorney’s fees, use of particular assets, and payment of specified debts and monthly expenses, a court hearing may be necessary to establish rights and obligations during the waiting period.
If necessary, we bring a motion before the court requesting the court to issue an order as to these issues applicable during the six-month period. This motion, or request for orders, is called an “RFO” proceeding.
Important Protections Once a Case Is Filed
When a divorce case is filed, the court issues a set of restraining orders which apply to protect each party. These orders provide that unless the parties agree otherwise:
When necessary to protect a party, the court will issue additional restraining orders.
Financial Disclosures and Final Settlement
After filing, each spouse must sign disclosure forms disclosing all income, expenses, assets, and debts to the other spouse.
In most cases, we are able to negotiate the terms of a final marital settlement agreement. We then draft a final MSA or “Stipulated Judgment.” Both parties and their attorneys sign the MSA, and it is presented to the judge for approval and signature when the six-month waiting period has passed.
The MSA commonly addresses issues including:
Occasionally, the parties do not reach agreement. In these cases, a hearing is scheduled, evidence is presented to the court, and the judge issues a judgment resolving all issues in place of the MSA.
Annulment and Legal Separation
Annulment: Some marriages may be voided. Seeking an annulment is an option if one of the parties was under 18 years of age at the time of marriage, one of the people married under force or fraud, or either person was already married and not divorced. A private judge may act to sign a judgment of divorce or annulment, which may provide the parties with privacy.
Legal Separation: In some cases, parties may choose to obtain a judgment of legal separation instead of divorce. This judgment resolves assets and debts, support, custody, and every issue except the status of the marriage. The marriage remains intact, so neither party is divorced and neither party may remarry. A legal separation can sometimes be converted to a divorce later.
A Careful, Goal-Oriented Approach
It is important to work with an attorney you can communicate with and trust, so that your needs and goals are valued. Richard’s approach is careful and goal-oriented. Phone calls are returned, agreements regarding fees and costs are in writing, and your interests and preferences are served as your case moves forward toward agreement and resolution.
At Sperling & Associates, Richard Sperling offers effective legal services for clients with family issues in a careful and cost-effective manner. These services reflect the personal preferences and goals of the client.
Choose Sperling & Associates
Your local family law expert for careful, cost-effective guidance tailored to your goals.