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With over 20 years of experience helping divorcing spouses navigate the California family court system, Kendall & Gkikas makes an excellent choice of divorce lawyer in Walnut CA.
We can serve as a mediator or a divorce attorney in Walnut CA to help ensure that the final divorce decree gives you your fair share of assets and time with your children. The job of a divorce attorney in Walnut CA doesn’t necessarily end once the final divorce decree is issued. At Kendall & Gkikas, we have over 20 years of experience in divorce and related family law issues.
What happens when parents split up, but an adult child is still in need of financial support? This diagram above shows the basic process that needs to be followed when applying for a divorce.  After separation, the primary requirement for a divorce is that you have been legally separated for a period of at least 12 months. To file for divorce in Australia, you will also need to be an Australian citizen or have lived in Australia for at least 12 months.  If you weren’t born in Australia, you may need to prove your citizenship. An Australian court can dissolve marriages that occurred outside of Australia, but if the Marriage Certificate is in a language other than English you will need to provide an official translation with your application. To file your divorce application, you need to first decide if you are going to file a joint application with your ex-partner or a separate application.  A joint application makes everything a bit easier as you won’t need to attend court. The other option is to make a sole application, all the documentation is the same – you just file everything by yourself.  This option can be used when the other person refuses to sign documents or you don’t know their whereabouts.
4. File the original application, the 2 copies and a copy of the marriage certificate at a family law registry.
When you file your application, you will be given a file number and a hearing date and time.  If you make a joint application, the court will keep the original and give your ex-partner a sealed (stamped) copy of the application.
If you apply on your own, you will be given both sealed (stamped) copies, one of which you will need to serve on your ex-partner.
If you applied on your own, you will need to serve a sealed copy of the application and an information brochure (which the court will give you) on your spouse.  You will need to do this at least 28 days before the hearing if your ex lives in Australia or 42 days if they live overseas.
If you think your ex-partner will sign and return the Acknowledgment of Service form, you can mail everything to them.
If your ex refuses to sign the form, you will need to use a process server to serve the documents on your ex-partner.  Even if your partner refuses to sign, the process server can sign an affidavit stating that the documents have been served on your ex. If you apply for dispensation, you will need to attend court as you will need to prove to the court that you have exhausted every option available to you to find your ex-partner.  The court may adjourn your case and direct you to take extra steps – for example sending a letter to friends or relatives, searching the electoral role or advertising in a local paper. If you made a sole application and have no children under 18, you do not need to attend the hearing. If you made a sole application and have children under 18, you will need to attend the hearing because the court will need to make sure that steps have been taken to ensure the continuing care of the children. If you have made an application for dispensation or substituted service, you will need to attend the hearing.
The court may adjourn your case if it feels that some of the information supplied wasn’t sufficient – for example if you haven’t provided enough proof that you have been separated for a minimum of 12 months.
There are only two ways to stop the application for divorce if your ex wishes to do so.  The first is to argue that both of you haven’t been legally separated for at least 12 months and the second is to argue that the magistrates court doesn’t have any jurisdiction over the divorce.
Assuming your divorce application is successful; the court will grant a divorce order which will then become permanent one month and one day after the court hearing. You will then be sent a certificate of divorce and will be free and clear to throw the divorce party you have always wanted! Sign up for a series of tips that could save you thousands over the length of your divorce settlement! Our Florida Divorce Source is a resource to get you the state-specific divorce information you need.
If you need legal advice, you will most likely be hiring a divorce Lawyer or mediator to begin your Florida divorce proceedings.
Florida divorce lawyers, divorce mediators, and divorce services to help you through your divorce in the state of Florida.
A selected set of key Florida divorce facts dealing with a range of topics including child custody, child support, spousal support, and property distribution. Before you can divorce in Florida you must decide what grounds for divorce the state of Florida will allow you to file for divorce under.
In order to file for a divorce and get a divorce in Florida you must first meet the divorce residency requirements.
Comprehensive overview of Florida divorce laws, Florida statutes and guidelines, and Florida divorce information and advice relating to the legal, financial and emotional aspects of divorce.
Overview of court ordered help for divorce mediation, counseling, and parenting classes for people facing divorce. Florida divorce forms with in depth explanations to make the divorce filing procedure in Florida easier to understand. An explanation of the requirements, procedures, and options for the service of process in Florida. The Florida Divorce Forum is an interactive online forum for discussing Florida divorce related issues. Florida divorce products, services, and solution to help people through the divorcing process.
How to File for Divorce in Florida simplifies and thoroughly explains everything you need to know to successfully handle your divorce in the state of Florida. All Florida divorcing spouses who have children must complete a Parent Education and Family Stabilization class before a divorce will be granted by the court. Overview of the Divorce Legal System: Even though the relationship between you and your spouse has changed and you may no longer be living together, until you are legally divorced, you are still married. Trial Preparation and Discovery for Divorce: In a contested case, after one spouse files for divorce, the often torturous, and tedious process of discovery begins. Expert Witnesses in Divorce Cases: Part of preparing for trial is locating expert witnesses. Divorce Hearings and Trial: Once the discovery process is complete, each lawyer will use legal precedent to construct an argument about what his or her client is entitled to.



Appealing a Divorce Case: After the trial, if you, your spouse, or both of you are not happy with the result, either or both of you may appeal. Divorce Mediation and Marriage Counseling: In some jurisdictions, before the trial preparation or discovery process can even begin, the law requires that both parties participate in counseling or attempt to resolve their differences with a trained mediator.
Family Court Masters or Magistrates: In many jurisdictions, in addition to the trial and the alternative dispute mechanisms described above, there is another layer of the judicial system known as masters or magistrates. Judicial Indifference in Divorce: Omnipresent in the arena of divorce and custody is the notion that it takes two people to have an argument and that at any time one person can stop the conflict by giving the other person what he or she wants. Divorce Settlement: Once the litigation has begun, most spouses begin to figure out that if they could reach agreement, they would save themselves a great deal of money and aggravation. The Divorce Settlement Conference: A divorce settlement conference is a meeting where the spouses and attorneys work on the terms and conditions of property division, alimony, child support, and custody and visitation.
Dismissing a Divorce Case: Sometimes couples planning to divorce reconcile after filing the action but before the court moves on it. Annulments: Although it is not as common as it once was, a marriage annulment states that a marriage never existed. Fault versus No-fault Grounds: California took the lead in 1970 with the first modern no-fault divorce law, and within the decade almost every state followed suit. Liberalization of Divorce: Liberalization of divorce did not make it less painful to get a divorce. Adultery and Divorce: Adultery is one of the oldest grounds for divorce because adultery was considered the worst possible violation of marriage vows and proof of a marital breakdown.
Abandonment and Desertion in Divorce: When one spouse just up and leaves the marriage, the other may have a fault ground for divorce, abandonment, which is also known as desertion, a term with very unfavorable connotation.
Imprisonment and Divorce: Confinement in prison is fault grounds for divorce, but the particulars of the imprisonment can matter.
Alcoholism and Drugs in Divorce: Habitual drunkenness is a fault ground in some jurisdictions, and usually a defendant must be a habitual drunk for a period of one year.
Fault Grounds Reconsidered: All fault grounds are ways the legal system through its courts comes to terms with a failed marriage, and this means that the law must reach inside a very intimate human relationship. Historic Defenses to Divorce: Under traditional fault grounds, one spouse could defeat the claims of fault by the other spouse by raising certain defenses. No-fault Divorce: No-fault means that no one is alleging that anyone has done anything wrong in the marriage, but rather that the couple desire to terminate their marriage. When to Do a Pro Se Divorce: Filing pro se works when the action is uncontested, a proceeding in which there are no disputes.
What Are the Advantages and Disadvantages of a Pro Se Divorce: The most obvious advantage of a pro se divorce is cost. Can I Really Do a Pro Se Divorce Online?: The popularity of pro se filing has increased with the coming of the information age and online divorce. When Does Filing a Pro Se Divorce Not Work?: No one should attempt a pro se filing in an adversarial divorce, one where each spouse is unable to come to any agreement. Do I Need a Lawyer to File a Pro Se Divorce?: Many pro se filers do the filing part of the divorce, but nevertheless ask an attorney to review the paperwork. Pro Se Divorce Popularity: The increasing popularity of pro se divorce probably reflects society's changing perception of marriage and divorce.
Pro Se Divorce and the Courts: The clerk of the court is a public official who is responsible for keeping court records and procedures in order. Filing a Pro Se Divorce: Filing an uncontested divorce pro se means that one of the parties does work normally done by a lawyer -- the filing of divorce papers. Pro Se Divorce Documents: Each jurisdiction has its own divorce forms and forms and affidavits may have different names in different jurisdictions. Serving Your Spouse - An Overview: A general introduction to the process of serving your spouse during your divorce. Prenuptial Agreements: A prenuptial agreement spells out the terms and conditions for the division of the marital or community estate and spousal support. Romance and a Prenuptial Agreement: The Prenuptial Agreement is just something that has to be considered, even if it is unpleasant. Prenups are Not Just for the Wealthy: Many people are under the mistaken impression that only wealthy people need prenuptial agreements. Consider a Prenup Before Saying I Do: A prenuptial agreement can be used for anyone who has property, debt, a degree, a certificate or license, an established career, a business or professional practice, a creative product, expectations of inheritance or other receipt of assets, past matrimonial experience, or children. Prenuptial Agreements Set Out a Financial Inventory: Some lawyers advise prenuptial agreements in the case of second (or third) marriages between older spouses who have children to whom they wish to leave an estate. A Warning About the Prenuptial Agreement: While some dimensions of marriage are off limits (child support, for example), care must be taken in the execution of a prenuptial agreement. Upholding the Prenuptial Agreement: To be upheld, an agreement must be substantively and procedurally fair at the time of execution. A Change in Circumstances May Warrant Going Back to Court: In family law, former spouses frequently go before courts to seek a change in a previous ruling because of a change in circumstances.
Modifying a Custody Order or Agreement: In the case of custody, once it has been determined, any subsequent changes in the parenting plan must be made with the approval of the court. Modifying Spousal Support or Alimony: Spousal support is modifiable (up or down) by showing of a substantial change in circumstances. Post-Judgement Litigation in the Divorce Process: Some former spouses meet each other again in court after the divorce judgment because one or the other is unhappy about the divorce judgment. Appealing a Divorce Judgment: A divorce appeal is the least common and most difficult form of post judgment litigation. Appealing the Marital Settlement Agreement: Almost as difficult as a divorce appeal is a reopening of the terms and conditions of equitable distribution of the marital estate. Modifying the Divorce Decree: After a divorce, courts frequently entertain motions to modify the divorce decree. Divorce Online - With this online software you will complete and instantly print your divorce forms and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion. Divorce Negotiation Online - You will be surprised how easy it is to resolve your disputes through our innovative Divorce Negotiation CenterTM.


Litigious processes.  This is when each spouse has their own attorney who support them individually to work out an agreement   It is adversarial by nature and often expensive and drawn out because of this. Perhaps you notice that there is a gap in these options?  Integrative Divorce Mediation was developed to fill that gap, and it has the potential to become the most preferred and most common divorce process. As I help my clients through the stress and confusion of life transitions such as divorce, they are better able to manage stress, communicate more effectively, make clear and wise plans for their future, and create a meaningful new life after divorce.   Clients build self confidence for making good decisions and take positive actions for their lives. We are the tough but fair attorneys that will fight tenaciously for your rights in negotiation or courtroom litigation as needed.
Over the years, circumstances change and the agreements reached under the original divorce decree may no longer be appropriate.
With either Thomas Kendall or Kristina Kendall-Gkikas as your divorce lawyer in Walnut CA, you can rest assured that you will receive personalized attention, aggressive representation, and constant communication throughout the progress of your case.
You can have whatever else you'd like in the rest of the tag, and we'll maintain any custom "value" you set. On this page you can locate Florida divorce lawyers, mediators, and other professionals as well as learn about the Florida divorce laws and related family law issues like, child custody, visitation, child support, alimony, and property division. All it takes is making a phone call to set up an initial consultation, which is often offered free of charge. The legal, financial and emotional burdens of divorce can be heavy, so it is important to understand your options. This parenting class is mandatory because it helps to minimize the emotional trauma of the divorce on the children.
Each side sends the other lengthy lists of questions called interrogatories, which have been drafted by the lawyers and which must be answered under oath. An expert witness is someone who is allowed to express a professional opinion at the trial. Then a trial will take place, during which the lawyers will present the judge, master, referee, or other person hearing the case with information favorable to their argument.
The purpose of an appeal is to determine whether the trial judge made a legal error such as misinterpreting the law or allowing into evidence testimony that should not have been admitted. These people are "junior judges" whose job it is to hear the evidence and make "proposed findings," or recommendations, to a judge. They understand, on some level, that they should settle the case instead of fighting it out in court. They negotiate and find compromises on these issues because through compromise and negotiation the parties attempt to avoid a trial.
The couple can, if they agree, cancel the divorce by asking the court to dismiss the divorce after the papers have been filed. Whereas divorce is the end of a marriage, an annulment decrees that, for various reasons, the union was not a legal marriage due to a defect in the legal marital contract. When one spouse initiates a divorce by filing a complaint or petition, he or she must state the reason for the divorce. Emotionally for most people divorce is a wrenching experience, one right up there with the death of a spouse or a serious illness or accident in terms of pain and suffering. Often the cruelty was mental, which is a catchall term that often meant that one spouse verbally and psychologically abused the other. Most states with fault grounds consider incurable insanity to be adequate fault for a divorce. When couples file pro se, either by using divorce kits or online divorce solutions, they save money.
His or her office handles filings, issue writs of garnishment, and answer questions about court procedure. Since 1983, at least 27 states have enacted versions of the Uniform Premarital Agreement Act. This book supplies the information you'll need to evaluate the strengths and weaknesses of your situation, ultimately allowing you to make better decisions before, during and after your divorce.
Now as a Divorce Coach Mediator in Santa Rosa, CA, I am thrilled to be helping make the divorce process more compasssionate and respectful! Your attorney’s input will be essential for making sure that your rights are represented fairly in your final divorce decree, including the areas of asset division, alimony, child support, and child custody. As your divorce attorney in Walnut CA, we can help you prepare the necessary papers and file them in the correct jurisdiction. We can help you petition for modifications to ensure that these agreements remain fair and continue to protect your children’s best interests. We’ve helped countless clients to secure the best possible outcome in their divorce, and we can help you too.
Understanding the divorce process means you make the best possible decisions based on your individual circumstances.
A contested divorce is one in which the parties cannot agree, either about getting divorced or about the terms of the divorce, such as the division of assets, allocation of debts, alimony, child support, or the custody of children. The reason or reasons are the grounds, and the parties -- the spouses -- present that reason to the court.
If you and your spouse want to start building separate lives immediately, we can also assist you with filing a petition for legal separation, which can be granted even if you don’t yet meet the residency requirements for a California divorce. They must provide the court with a certificate of completion to prove the obligation has been met. If you need legal advice or have questions, please seek professional assistance from a licensed lawyer in your jurisdiction.



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