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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.
There are no publicly appointed lawyers to represent you.
If you cannot hire an attorney, you must represent yourself.
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
That depends upon a variety of factors.
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
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
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
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:
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.
Default Judgment
Legal custody is either:
Agreement
No Agreement
or
Sole
Joint
or
Sole
Joint
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.
The parties may agree:
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.
www.icandocs.org/ca
www.cse.ca.gov/ChildSupport