As divorce is almost always a messy situation, it is always prudent to ensure that there is enough professional help that you seek while going through the agonizing process. Divorce litigation is the process of taking divorce settlement matters to court. This is in case there is no settlement that is reached outside of court. If divorce mediators are unable to resolve certain issues, the case could proceed to court, although it is always better to find common ground and settle disputes outside of the court. However, if it is simply not possible, here are some steps to expedite the process.
If a divorce petition must be filed, it must be done so by you or your spouse in the resident county of you or your spouse. The additional stipulation is to also have a minimum of six months of residency. There must be a domicile certificate that indicates that the plaintiffs are both residents and citizens of the area. A temporary restraining order could be filed if either of the party is not consenting with the general decorum and rules of consent.
Serving the petition
When a divorce petition is filed, it must also be served with due notice to the other party. If a petition is not acknowledged, and is not provided with enough notice period, it could be a null and void agreement. The reception must also be served with a witness for the notice. The minimum notice period for any petition may vary from region to region depending upon the state laws and regulations.
After the petition is served and delivered, either parties may have a certain set of restraining demands allowing or disallowing the other party from certain privileges. This order is of temporary nature until the dispute is finally settled in court.
Once the basic foundation is in place, it is important that both parties know their best interests and file for the pre-requisite documentation that will come in useful during the court case.
Even though an official petition is filed, the law allows both parties to try to work out situations amicably by finding common ground and reasonable settlements. This could be considered to be one last chance to settle matters out of court.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.