How To Start A Divorce In Santa Clarita
There are two parties to a divorce. The person who initially files for divorce to get the case started is called the Petitioner. The other party who is served the divorce papers is called the Respondent. Watch our video on how to prepare the divorce petition.
Note that the party names are different in a family law matter than a typical lawsuit. In traditional lawsuits, the parties are referred to as Plaintiff and Defendant.
The Courts do not give any preference to one party or the other. The Respondent has just as many rights and legal standing and either party can avail themselves of any legal steps.
When you want to file for divorce, the Petitioner will need to prepare the appropriate divorce documents and file them with the court. Then you need to serve the petition on your spouse. Filing of the initial paperwork notifies the court and other party of your desire to get divorced.
When you serve the Petition to divorce, a couple of important things happen.
First, the service of the divorce petition starts the clock on the 6 month waiting period in California. Second, the petition helps to determine a date of separation. Third is that automatic retraining orders take effect upon service of the Petition, (known as ATRO’s).
Of course, there is always the downsides of serving the divorce papers. There is always going to be some upset upon being served with divorce papers. It is important that you try to soften the blow by advising your spouse that there are some divorce papers they can expect. There are also some alternative methods of serving your spouse that are less stressful which can be used instead of hiring a process server.
We are a licensed and bonded legal document preparation firms that specializes in the divorce process. Please give us a call for more information about our services.