Debra Schoenberg - Divorce in California: The Legal Process, Your Rights, and What to Expect

An Addicus Nonfiction Book

Copyright 2013 by Debra R. Schoenberg and Jennifer L. Knops. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopied, recorded, or otherwise, without the prior written permission of the publisher. For information, write Addicus Books, Inc., P.O. Box 45327, Omaha, Nebraska 68145.

ISBN 978-1-936374-88-5

Cover design by Nancy Windesheim

Typography by Jack Kusler

This book is not intended to serve as a substitute for an attorney. Nor is it the authors intent to give legal advice contrary to that of an attorney.

Library of Congress Cataloging-in-Publication Data

Schoenberg, Debra R., 1958

Divorce in California : an overview of process, rights, and

what to

expect / Debra R. Schoenberg, Esq., Jennifer L. Knops, Esq.

pages cm.

Includes index.

ISBN 978-1-938803-67-3 (alk. paper) to LL

1. Divorce--Law and legislationCalifornia. I. Knops, Jennifer

L.,

1978- II. Title.

KFC126.S36 2013

346.7940166--dc23

2013001491

Addicus Books, Inc.

P.O. Box 45327

Omaha, Nebraska 68145

www.AddicusBooks.com

Printed in the United States of America

10 9 8 7 6 5 4 3 2 1

To our clients and colleagues, who continue to inspire and energize us.

I entered law school in the fall of 1982, intending to dedicate my career to representing the disenfranchised. The summer after my first year of law school, I accepted a clerkship with a small boutique matrimonial law firm in upstate New York. The humanity and intellectual challenges that I dealt with during that clerkship brought me tremendous joy and fulfillment, and I knew by summers end that I would spend my career in family law.

As of this books publication, I am in my twenty-eighth year of family law practice. I have handled more than 14,000 family law cases, as either first chair or supervising attorney. As I often tell new associates, I am as excited about my work today as I was the day I was admitted to the Bar. I have spent almost three decades watching the human condition unfold before my very eyes, and in those years I have had the honor of representing countless individuals whose strength and courage have continued to inspire me. Throughout, I have trained many young lawyers, from whom I have also learned invaluable lessons, and who have honored my work by becoming distinguished, exceptional attorneys in their own rights.

My young children motivate me to do my best work; I want them to grow up in a world of emotionally healthy and thriving families, as each family defines that for themselves. My children are well aware of the enormous joy and satisfaction this work brings me, as I often remind them how rewarding life is by doing the work I was meant to do in service of others.

I am blessed to have found a career in which I can make a meaningful contribution to the lives of my clients. I ask them to trust me and permit me to guide them through the darkness of their divorce. Together, we search for the light at the end of the tunnel. It is truly an honor to play an important role in the lives of my clients during such a critical time for them.

I am excited to embark upon my next twenty years of practice and continue to witness our countrys rapidly changing definition of family. I look forward to achieving the best results for those who entrust me. I believe that when we, as family law attorneys, practice our craft with integrity and adhere to the highest levels of professionalism, our clients can retain their dignity and humanity through what can be a very difficult and painful process.

I have long maintained that information is power. I hope this book gives readers a useful overview of divorce law, so that they can begin to make sound choices as they venture down this path of uncertainty.

Debra R. Schoenberg, Esq.

T he process of ending a marriage or registered domestic partnership often creates a feeling of utter chaos and a sense of despair. Understanding the process for dissolving such relationships, which is functionally identical for both same and opposite sex, can bring some predictability and, in turn, a sense of comfort. The outcome of many aspects of your divorce may be unknown, increasing your fear and anxiety. But there is one part of your dissolution that does have some measure of predictability, and that is the dissolution process itself.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of the dissolution process following the next. It is also helpful to understand that obtaining a divorce is a process that unfolds over time. Just realizing you are completing stages and moving forward with your divorce can reassure you that the process will eventually come to a conclusion.

It is also important to note at the outset that the emotions of the parties, more than the applicable law, drive much of the divorce process. You are strongly encouraged to apply your intellect and reasoning to the decisions that you make as you proceed, and to refrain from letting the hurt and pain that may follow relationship endings to guide you. Leading with common sense will undoubtedly expedite resolution of your case, and you will look back on this experience as one that you handled with grace.

Developing a basic understanding of the dissolution process will lower your anxiety when your attorney speaks of depositions, motions, and going to trial. The object of this book is to provide you with that understanding, to reduce your frustration with the length of the process, and to increase your awareness of the steps necessary to conclude your matter. These pages will support you in preparing for what comes next. Most importantly, understanding the dissolution process will make your experience easier.

The divorce process in California typically involves the following steps.

If you are initiating the divorce:

• Obtain a referral for a lawyer.
• Schedule an appointment with an attorney.
• Prepare questions and gather necessary documents for an initial consultation.
• Meet for an initial consultation with an attorney.
• Pay the attorney a retainer and sign a retainer agreement.
• Provide requested information and documents to your attorney.
• Take other actions as advised by your attorney, such as opening or closing financial accounts.
• Attorney prepares the summons and petition for dissolution for your review and signature.
• Attorney files the summons and petition with the clerk of the court.
• Attorney serves the summons and petition on the respondent.
• If interim relief (such as temporary child support, spousal support, or attorney fees) is appropriate, attorney prepares motion papers for your review and signature, files with the court, obtains court date, and serves pleadings on respondent.

If you have been served with divorce papers:

• Obtain a referral for a lawyer.
• Schedule an appointment with an attorney.
• Prepare questions and gather necessary documents for an initial consultation.
• Meet for an initial consultation with an attorney.
• Pay the attorney a retainer and sign a retainer agreement.
• Provide requested information and documents to your attorney.
• Take other actions as advised by your attorney, such as opening or closing financial accounts.