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Ending a Marriage

but you will reach your goal

No matter where you are...

Where do I begin?

The Legal Process

If you don't have children together, there are fewer issues...but your case is not necessarily any easier.

Legal Custody = the right to make decisions regarding the children's residence, health, education and welfare.

Joint legal custody = both parents have the right to make decisions regarding the children's residence, health, education and welfare.

Sole legal custody = one parent has the exclusive right to make decisions regarding the child.

Physical Custody = who provides supervision and has the right to physical control of the child.

Physical custody is either:

Joint physical custody = both parents share significant periods of time with the child.

Sole physical custody = one parent provides primary supervision and physical control of the child.

Do I need an attorney?

Where can I find an attorney?

What if I can't afford an attorney?

There are no publicly appointed lawyers to represent you.

If you cannot hire an attorney, you must represent yourself.

Can anyone at the Self-help Center represent me?

What other resources are available?

Divorce, Separation or Annulment

Your journey begins here.

The process of ending your marriage can seem daunting, overwhelming and even terrifying.

It can seem like confronting an insurmountable obstacle.

The Process Provides Opportunity

Questions Will Arise

...opportunity to resolve the issues that led you to court.

Ideally, you and your spouse will reach agreements on all issues.

That depends upon a variety of factors.

If you can't reach an agreement, the court will decide the outcome.

The Basics

  • The complexity of your case;
  • The types of issues involved;
  • The value in controversy;
  • The nature of the parties; and
  • Your particular goals.

The person who files the papers first is the Petitioner.

To start a case, papers must be filed with the court.

one

step

at

a

time.

A copy of the Petition must be given to the other party.

The party that receives the petition is the Respondent.

Petition & Summons

start here

It doesn't matter who files first.

You must pay a fee to file the petition unless you qualify for a fee waiver.

The soonest you can be divorced is

6 months + 1 day from the date of service.

You are not divorced until you obtain a Judgment.

Financial Disclosures

Common Issues in Divorce Cases

The court process has a beginning....

... and an end.

There are many different ways to find an attorney:

Service

Child Support

Child Visitation

Child Custody

  • word of mouth;
  • search the phonebook or internet;
  • visit the Napa County Bar Association www.napacoutybar.org
  • or try sitting in courtroom to observe the attorney's at work.

(wait 30 days to see if response filed)

Response

Assets & Debts

Spousal Support

No Response

If you have an agreement on all issues, there is no need to appear in court.

You must still complete the process to obtain a Judgment.

Financial Disclosures by Respondent

Agreement

No Agreement

Agreement

No Agreement

Mediation

Judgment

Child Custody

Child Support

Spousal Support

Assets

&

Debts

Child Visitation

Final set of

Financial Disclosures

Clerk

Waivers

we will be your guide.

Financial Disclosures by Respondent

No one at the Self-help Center can represent you.

Trial

  • We are not your attorney.
  • There is no attorney-client relationship.
  • Our conversations are not confidential.
  • We do not give legal advice.
  • We will not appear on your behalf.
  • If requested, we will provide service to the other party.

Two types of custody

Visitation

General Spousal Support

Temporary Spousal Support

Child Support is based upon a uniform statewide formula = Guideline Formula

Two types of property

Legal Custody

Physical Custody

Guideline Child Support is based primarily upon:

Separate Property

Community

Property

Parenting plans outline how you will share the children.

The details of your plan will be based either upon your agreement or determined by the court after hearing.

Spousal support is either set by the court or upon agreement between the parties.

Final support is based upon a variety of factors such as:

Uncontested

Judgment

Judgment

Available while the matter makes its way through court.

Based upon a formula that tries to maintain the status quo until a final order is made by the court.

Gross Income & Time Share

Default Judgment

Legal custody is either:

Agreement

No Agreement

or

Sole

Joint

or

Sole

Joint

  • length of the marriage;
  • standard of living;
  • earning capacities;
  • needs of the parties;
  • education level of the parties;
  • number of children;
  • and many more factors.

If both parties agree, the court can order a different amount.

If there is no agreement, the court will order the Guideline amount.

If you need help reaching an agreement, your case can be referred to mediation.

To obtain a referral, you must file papers with the clerk called an "Order to Show Cause."

The Order to Show Cause directs the parties to mediation.

If you have an agreement, we can help you put it into writing.

The writing is called a "stipulation."

The stipulation is submitted to the court for approval.

Once approved, it is a court order.

  • Community Property = All property acquired during the course of the marriage.

  • Does not include property acquired by inheritance or gift.

  • Community Property is divided equally between the parties.
  • All property acquired before the marriage.

  • All property acquired after the date of separation.

  • All property acquired by inheritance or gift.

  • Separate Property remains the property of the spouse who owns it.

The parties may agree:

  • to an amount for a specified duration;
  • to reserve the issue for future determination; or
  • to terminate spousal support from either party forever.

You are not finished until you obtain a Judgment.

No Agreement in Mediation

Agreement in Mediation

If an agreement is reached, the agreement will become a court order.

The parties can return to mediation if they need additional help.

If no agreement is reached, the court will determine what is in the child's best interest.

The court will then make an order that both parties must follow.

There are many resources available

Division either occurs

by agreement or after a trial.

Law Library

Online Resources

Self-help Center

Online Resources

www.napacourt.com

Historic Courthouse

825 Brown Street, Napa, CA 94559

(707) 299-1137

Mon - Thur: 8:00 am to 4:3o pm

Fri: 8:00 am to 2:00 pm

Appointments encouraged

but walk-ins welcome.

www.courts.ca.gov

Law Library

Historic Courthouse

825 Brown Street, Napa, CA 94559

Open Monday - Friday

8:00 a.m to 4:3o p.m.

  • Nolo Press Books
  • Rutter Group Materials
  • Dissomaster Support Calculators
  • Online research tools

Napa Courthouse

Online Self Help Center

Form Generation

Child Support

Information

www.icandocs.org/ca

www.cse.ca.gov/ChildSupport

For further information, contact the Self-help Center at (707) 299-1137

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