info@staleyjobson.com

5674 Stoneridge Drive, Suite 110
Pleasanton, CA 94588

(925) 463-0750

Staley Jobson
5674 Stoneridge Drive, Suite 110
Pleasanton, CA 94588

Tel: (925) 463-0750
Fax: (925) 463-0407

Email: info@staleyjobson.com

Q: How does the divorce process begin?

Q: How quickly can I be divorced?

I think my spouse has hidden income and assets. How do I find out what he/she really has?

Q: How do I determine what my share of the marital estate is?

Q: Will my case automatically go to trial?

Q: What is the difference between divorce and legal separation?

Q: Can one attorney represent my spouse and me?

 

Q: How does the divorce process begin?

A: A divorce in California begins when one party (the "Petitioner") files a Petition for Dissolution. The next step is to serve the other party (the "Respondent"). This can be done either by personal service or by sending copies of the Summon and Petition with a form to return acknowledging receipt of those documents. Once the Respondent has been served, the Respondent has thirty days within which to file a responsive pleading called a "Response" with the court.

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Q: How quickly can I be divorced?

A: The court cannot dissolve a marriage any sooner than six months after the proceedings begin. However, if the parties are able to resolve their issues in less than six months, a judgment may issue on those points with marital termination occurring later. Many contested cases take longer than six months to resolve.

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I think my spouse has hidden income and assets. How do I find out what he/she really has?

A: Each party has the right to get information from the other party regarding such issues as his/her income, his/her assets and debts, the other party's living arrangements, etc. This process is called "discovery" and information is obtained by various means, including formal demands for production of records (Inspection Demands); formal requests for written answers to specific questions (Interrogatories); and formal requests for oral testimony given prior to trial (Deposition), and discovery directed to third parties, such as financial institutions, escrow companies, accountants, etc.

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Q: How do I determine what my share of the marital estate is?

A:  Generally, each party is entitled to one half the net marital estate.  The assets of the martial estate can be valued in a number of ways.  The family residence can be appraised.  An interest in a business can be valued by a forensic accountant.  Defined pension benefits can be valued by an actuary. Once the individual assets are valued, and the debts considered, the parties can an address how the marital estate should be divided. Tax considerations are often important to consider in dividing the marital estate.

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Q: Will my case automatically go to trial?

A:  No. Only when the judge is satisfied that your case is well prepared and that the parties have tried their best to settle their issues, will the judge set the case for trial.

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Q: What is the difference between divorce and legal separation?

A:  A legal separation action allows the court to determine marital rights and responsibilities without dissolving the marriage. Legal separation is generally sought when there has been a breakdown in the marriage, but for religious, other personal reasons, or both, the parties do not want their marital relationship severed.

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Q: Can one attorney represent my spouse and me?

A:  No.  Staley, Jobson will not represent both parties. However, parties may choose to jointly hire Attorney Bruce Jobson a mediator to assist them  in reaching an agreement.

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To consult with one of our attorneys, please call us at (925) 463-0750 or fill out the form below.