How Do Judges Decide Divorce Cases? By Applying Facts, Law and Using Judicial Discretion

How do judges decide divorce cases

How do judges decide divorce cases? We think you will enjoy this informative article on the subject.

How do judges decide divorce cases? The short answer is by application of law to fact and use of judicial discretion. The law is found in our code books (mostly the California Family Code) and cases (appellate and supreme court). The facts are your specific situation. Judicial discretion is how much leeway the law gives judges to make decisions based on the facts. When judges decide divorce cases, that discretion is a big part of the decision making process.

This article is informative and based on our experience as California divorce lawyers. It is only about California family law.

This article is not legal advice about your specific situation. Our law firm represents husbands and wives in Orange County, California where we have offices in Santa Ana and Mission Viejo. We hope you enjoy what you read here. [Read more…]

What Happens After Divorce Papers Are Served? Answers for Uncontested and Contested Divorces

What happens after divorce papers are served?

What happens after divorce papers are served? Here is an article that will get you off to a good start on answering that question in both contested and uncontested California divorce cases.

What happens after divorce papers are served? The answer in a California divorce case depends on whether the divorce is contested or uncontested.

What happens after divorce papers are served in uncontested California divorce cases? A timely response is filed and served and the spouses then work to settle all of their disputes in either a divorce mediation or other setting that doesn’t involve litigation.

How about contested California divorce cases? A timely response is still filed and served although there typically follows litigation that may involve discovery requests, requests for orders and even trial.

In this article, we discuss generally what happens after divorce papers are served in California, in both an uncontested and contested case. We will assume for the purposes of this article the divorce papers were properly served and there is no issue about that. We are also going to assume in this article there are no issues regarding California jurisdiction (the court’s power to make orders) or whether the divorce was filed in the right county within California.

This article is not legal advice. If you need legal advice on your specific case and your matter is in Orange County, contact our family law firm for an affordable strategy session. Like what you read? Please share this article with friends or family.

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What to Expect in Divorce Court. What Happens and Why?

What to Expect in Divorce Court

What to expect in divorce court? What happens and why? This article helps explain the California divorce court hearing process, specifically that of Orange County.

Divorce Court can be scary for everyone except for judges and divorce lawyers. We are used to it. What to expect in Divorce Court is the scariest part because the unexpected can lead to fear. Fear of what? Fear of the unknown. Sounds obvious but the best way to make the unknown “known” is knowledge.

We have good news for California husbands and wives who have Divorce Court ahead of them and want to know what to expect or just want more information on the process. We write this for those who have divorce cases in Orange County although there are some similarities from one county to another in California.

For those who have a divorce cases in Orange County or expect one in the near future, don’t stop once you have read this article. Our talented divorce lawyers are available for an affordable strategy session. [Read more…]

How Can I Kick My Wife or Husband out of the House? Learn About Dwelling Exclusion Orders

Question: How can I kick my wife or husband out of the house in California?

Answer: California family law requires a showing of assault or threatened assault if the request is made on an emergency basis or the potential for physical or emotional harm if the request is made on a non-emergency basis.

A divorce may be inevitable. Living with your spouse may be unbearable. But how can you kick your spouse (wife or husband) out of the house and do so legally?

In California family law cases, these “kick out” requests (called residency or dwelling exclusions) are granted if the spouse who seeks it meets certain minimum requirements. What are these requirements to kick out your husband or wife? That partly depends on whether you want the order on an emergency basis or not.

Let’s take a look at California law. This article isn’t legal advice about your specific case or facts.  [Read more…]