FACTS ABOUT DIVORCE

Divorce is a term used to describe the legal termination of a marital relationship and obligation. A divorce action can be either contested or uncontested.

Both contested and uncontested divorce actions are initiated by one party filing a petition against the other party alleging a certain ground for the divorce, such as irreconcilable differences. If the other party does not agree with the statements made in the divorce petition, that party must file a response to the petition. It is generally recommended that a response be filed in all divorce actions. A response must be served on the petitioning party and filed with the court within thirty (30) days from the date the petition is served on the responding party. A party's failure to file a response will result in a default judgment being entered against that party. This means that the party who filed the divorce petition can obtain a Judgment against the defaulting party that gives the petitioning party almost whatever that party wants with court approval.

In contested divorce actions where the parties have minor children, the court will decide the issues of child custody, visitation and set the amount of child support. Other issues that will be decided by the court are the issues of spousal support and division of the parties' properties including any debts and obligations owed by the parties.

A divorce can, however, be uncontested, if the party against whom a petition for divorce has been filed fails to answer the petition within the time allowed by law or if the parties entered into a marital settlement agreement that resolves all of the issues between them. If a party does not respond to the petition served on him or her, the court sets a hearing at the request of the petitioning spouse and that party will be allowed to take his or her spouse's default. If the parties have entered into a marital settlement agreement, the court sets a hearing at the request of either spouse and allows that party to have the court approve the parties' marital settlement agreement.

HOME

CHAIN, YOUNGER, COHN & STILES
1430 Truxtun Avenue
Bakersfield, CA 93301-5220
Tel: 661-323-4000