Divorce

A divorce in California is known as a proceeding for dissolution of marriage.  Parallel provisions provide for a dissolution of a registered domestic partnership.  A divorce is almost always an emotionally, and often financially, stressful event, particularly where minor children are involved.  At Marx & Duffy we strive to assist our clients in dealing with all of the issues that arise in these types of proceedings, starting from a discussion of the type of procedure (mediation, negotiation, collaborative law or litigation) that might meet the client’s needs best, referring clients to appropriate resources including therapists, accountants, financial planners and real estate agents and seeking to identify the client’s issues and priorities.  Whether the issues in the case involve parenting of minor children, financial support, the use and control of assets so the case can be resolved, valuation and division of assets such as home, business, retirement benefits, stock options, we will help our clients through this process.  We will work with our clients along the way in making decisions necessary and with due consideration to the relative costs and effectiveness of various options.  We endeavor to maintain clear communication with our clients and to respond to client’s communications promptly, usually within 24 hours.

A divorce proceeding is commenced by filing a Petition and a Summons with the Court. The Summons includes certain Standard Restraining Orders that prohibit either party from changing the beneficiaries of insurance, disposing of or transferring assets, or removing a minor child from the State of California without first obtaining the other party’s written consent or an Order of the Court. These Standard Orders will apply to the party filing the Petition as soon as it is filed and will apply to the other party as soon as he or she is properly served with the Petition and Summons. If you have any questions about the scope and effect of these Standard Orders, or wish to discuss your options before a formal divorce proceeding is commenced, you should contact an attorney.