Filing for Divorce, Separation, Support, Custody, and Property Division
A divorce in California is a "dissolution of marriage." A dissolution begins by filing a Petition in the Superior Court in the County where you have resided for the last three of the preceding six months. Termination of marital status, when you become an "unmarried person," cannot be granted earlier than six months after the responding party is served with the court papers. This is the California cooling off period. No marital counseling is required, although we recommend you consider it.
With one exception, to file for divorce in California you must have been a legal resident of this State for at least six months. If your are not yet a resident, you may file for Legal Separation and obtain California child and spousal support orders, custody orders (assuming there are no orders already pending in another state), and divide community property and debts incurred before or during marriage. The Legal Separation proceeding can be converted into a dissolution once you have gained residency. However, on January 1, 2012 Family Code section 2320 was amended to permit gay couples who married in California, but who presently reside in other states that will not permit a dissolution of that union, to file a California dissolution (or legal separation) in the county where they married.
California is a "no-fault" state which means that all that must be alleged by one party is that they believe there has been an irremediable breakdown of the marriage. This is also known as irreconcilable differences. Many people are able to complete a no contest divorce, and with help can agree upon most of the issues. Others face highly contested divorce proceedings.
Temporary Orders Are Available Once Your Case Is Filed
As part of a dissolution proceeding it may be necessary to deal immediately with any number of issues. "Temporary orders" can be issued after a court hearing (or upon agreement) that remain effective until a Judgment or a different order issues. These are also called "pendente lite" orders. A party can apply for orders when they file the Petition or any time after. The requests are made by way of a "Notice of Motion" or by "Request for Orders" application (RFO). These applications to the court typically involve custody, visitation, child and spousal support, attorney fees, temporary use and possession orders relating to vehicles or homes, and orders protecting assets. These temporary order hearing are often where much of the family court litigation experience takes place because people in relationship transition tend to be at their rawest, and a new family structure needs to be set up.
Ninety-Five Percent of Cases Settle
The goal is always to settle your case. A divorce is concluded by way of a Judgment of Dissolution. In most cases that Judgment is based upon a Marital Termination Agreement, which is a written contract between the parties often facilitated by a lawyer or mediator. Once the document is approved by the Court, it becomes a formal Court order and its terms must be complied with.
Where some or all issues cannot be settled by agreement, a trial may have
to occur before a Family Court judge who will make rulings on each contested
matter. This is not necessarily your best divorce alternative. However,
it is usually necessary at the early stages of the break-up.
Most people think of divorces as enmeshed in conflict, but they don't
need to be.
Divorces can be satisfactorily managed if otherwise sane men and women choose not to battle over the smallest
of matters. High conflict divorce may cause persistent and lasting resentment
and strife, particularly with disputes involving
spousal and child support and
child custody. Yet it is possible to achieve a divorce agreement that works for you,
your spouse and your children.
When there is no way around a contested family law hearing, a balanced presentation is the most appropriate way of obtaining sometimes needed court rulings.
We wish to resolve our clients' family law matters with dignity. Palm Springs domestic lawyer Thurman Arnold is experienced in divorce mediation as well as in courtroom litigation. When necessary, he is a tough divorce advocate. Three decades of legal experience informs our skill at protecting our clients.
Want an overview of the dissolution process from start to finish?
Your initial consultation is free!
Dissolution Lawyers Serving Palm Springs and La Quinta, CA
Contact Palm Springs divorce attorneys Arnold, Peterson & Criste!
Testimonials & Endorsements
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“Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable.”
If you are going through a divorce, The Law Offices of Arnold, Peterson & Criste is in my opinion the best option available. Mr. Peterson and his assistant Jordyn are top notch. Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable. He was able to navigate my emotions and help my uphill battle to receive proper visitation as a father. Jordyn never hesitated to reach out within the same business day if documents were needed or for any question I had about the process. Thanks to the team, we resolved the divorce healthfully. I couldn’t be more grateful.- Josh Arguijo -
“I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs.”
I am a Veteran and Retired Deputy Sheriff. My divorce involved complicated property distribution and spousal support issues. I spent considerable time looking for the best Counsel I could find before I negotiated with my ex-wife and her Attorney. In fact, my case was in another county, but that didn't matter. I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs. Attorney Arnold is a BAR Certified Family Law Specialist. In my humble opinion the best! His review of my case and how "Moore Marsden" property division applied was invaluable. His guidance saved me $30,000 dollars. Thank you, Thurman!- Jeff Jones -
“Mike is adept at managing expectations and being very fair and measured.”
Needed to modify a settlement and hired Mike Peterson. Mike is very, very knowledgeable and experienced. When you are going through a divorce or child custody issues, it is the most terrifying and stressful experience. Mike is adept at managing expectations and being very fair and measured. I wish I had hired him initially to get it all done straight the first time around. He is very responsive and communicative and understands the client well. Good luck going through this process - have a good guide like Mike without a doubt.- Donika McKelvie -
“I would highly recommend him and the firm”
Micheal Peterson is very knowledgeable of law and can help you make the best decisions for your family. He does is job with integrity. He helps with giving discounts when he can . I would highly recommend him and the firm . Very good staff .- Vincent Hall -
“Very professional, honest, and handled everything without a hiccup.”
Arnold, Peterson & Criste are a class act. Very professional, honest, and handled everything without a hiccup. When a year had passed, he and Jordyn contacted me to let me know I still had retainer on the books! I had forgot and they sent me the money anyway! For this I am very grateful and cannot recommend them enough. You won’t go wrong with Thurman Arnold. He is definitely the guy to have on your side.- Matt Feenstra -
“Simply the Best of the Best!!!”
I Highly Recommend Michael C. Peterson at the Law Office of Thurman W. Arnold!!! I hired Michael for my custody case and he is very knowledgeable and took the time to educate me on the process so we can put together a winning strategy. He fought for me and my children in court and successfully won our case. There are no words to describe how grateful and appreciative I am for Michaels service!!! If you are sitting on the fence on which Attorney to hire, do yourself a favor and hire Michael. I would not recommend anyone else!!! Simply the Best of the Best!!!- John and Lukes Tube -
“Mike amazes me by his knowledge of my case, made me feel like I was his only client.”
- Damaris M.I reached out to this law firm 2 years ago when my life was falling apart. My case was assigned to attorney Michael Peterson. I didn't know much about him except few reviews on google but I'm glad I hit the jackpot. Mike amazes me by his knowledge of my case, made me feel like I was his only client. He's very responsive, respectful and and goes above and…
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“He and Michael Peterson are truly masters of their craft.”
When my clients have family law issues, I routinely refer them to Thurman Arnold. He and Michael Peterson are truly masters of their craft. Family law can be an unwieldy beast, but they handle it with precision and finesse.- Edward Cross
