Stephen Smith
Since 2017, our San Diego divorce law firm, Smith Family Law, APC, has helped Californians with the emotional and legal challenges that come along with family law disputes.
We know how difficult it can be to move forward with a case when your personal and familial relationships are on the line. Our team will relentlessly advocate for your rights in and out of the courtroom, whether that means helping you negotiate an amicable outcome with another party or representing you in court.
What’s the first step in a California divorce?
To initiate a divorce, one party – called the “petitioner” – must file a Petition for Dissolution with their county court. They must then serve the petition to their spouse – called the “respondent” – notifying them of the divorce. After being notified, the respondent has 30 days to file a response (if they disagree with the terms set forth by the petitioner) or to waive their right to respond (if they agree with the petitioner’s terms). If the respondent fails to respond within 30 days, the court can proceed with the divorce, entering a “default” judgment on the petitioner’s behalf.
Is California a no-fault divorce state?
Yes, California is a no-fault divorce state. You only need to cite an “irretrievable breakdown” in your marriage to file for divorce.
What’s ADR?
The acronym “ADR” stands for “alternative dispute resolution.” Legal methods intended to help parties resolve their differences without resorting to a trial in court, such as mediation, collaborative law, arbitration, etc., all qualify as forms of ADR.
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