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If you are seeking a Family Law Attorney or Divorce Attorney in San Diego County concerning any aspect of separation or divorce, Backes & Associates can help you. We offer you a free initial phone consultation with Attorney, Marie Backes. You will personally speak with Ms. Backes in this free consultation. She will discuss your unique needs and possible solutions and explain how to proceed. We want you to understand your matter and want you to be comfortable with the Attorney you hire.
Our staff is available and accessible to clients. Our goal is to provide you with a quality service that will help you find a solution in your most difficult times. We are always in communication with our clients on every aspect of their case, either by office appointment, phone calls, email, or letters. We are always there to discuss your case, answer your questions, and we encourage you to be involved in all steps of your case. |
| What are the basic steps for filing for divorce in California? |
1. You must be a resident of California for at least six months.
2. You must be a resident of the County that you are filing in for at least three months.
3. If filing for legal separation, there is no waiting period.
4. A petition to dissolve the marriage is filed in Court by one spouse (the “Petitioner”) and then served on the other spouse (the “Respondent”).
5. The Respondent has 30 days to answer the Petition.
6. Either party may file an Order to Show Cause requesting the Judge to make temporary child custody and support orders.
7. Restraining Orders may also be filed, where one spouse is in fear of the other spouse or the children are at risk of abuse or neglect, or if one spouse is about to misappropriate community funds or property without consent.
8. Both parties file Income and Expense Declarations showing all sources of their income and living expenses.
9. During the pendency of the matter, both parties exchange documents and information including the disclosure of income, expenses, assets and debts. Written questions (called Interrogatories) and document requests (called Request for Documents) can be served on the other party. Also, depositions can be taken to obtain relevant information to your case. A deposition is a formal discovery request where the other party or a key witness is required to come to Ms. Backes’ office and answer her questions under oath. It is recorded by a Certified Court Reporter and may be video-taped.
10. When a couple has children under 18, both parties may be required to attend Family Court Services Mediation. The Court appointed mediator will make a recommendation to the Court regarding custody and visitation. Parties may also attend a private mediator at their own expense.
11. If the parties can agree on custody and visitation of the children as well as child and spousal support, and also reach a settlement on the division of property, a Marital Settlement Agreement (MSA) will be drafted and signed by both parties and filed with the Court. If an agreement cannot be reached, the case will proceed to trial.
12. After signing a MSA, or after the trial, the attorneys for the parties will prepare and file a Judgment of Dissolution of Marriage. After a Superior Court Judge approves the Judgment and signs the order, the marriage will be terminated. It is absolutely crucial to have an attorney draft both the MSA and the Judgment of Dissolution of Marriage. A marriage will not be terminated if these documents are not adequately prepared and accepted for filing with the Court. You would remain legally married in that case. |
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| Backes & Associates offers excellent professional services in all aspects of Family Law including Divorce, Legal Separation, Domestic Partnerships, Child Custody and Visitation, Child Support, Spousal Support, Domestic Violence, Restraining Orders, Division of Property, Grandparent Rights, Premarital Agreements, Paternity and Adoptions. |
| Serving San Diego County, including North County, East County, and South County and, specifically including, the following areas: Pacific Beach, La Jolla, Bird Rock, Del Mar, Solana Beach, Cardiff, Encinitas, Rancho Santa Fe, Olivenhaim, La Costa, Carlsbad, Fairbanks Ranch, Oceanside, Vista, San Marcos, Escondido, Fallbrook, Rancho Bernardo, Rancho Peñasquitos, Mira Mesa, Poway, Point Loma, Coronado, Downtown, Miramar, Imperial Beach, Sorrento Valley, Carmel Valley, Temecula, Ramona, Alpine, El Cajon, Spring Valley, Chula Vista, San Ysidro, Julian, Clairemont, Lakeside, Jamul, Golden Hill, North Park, South Park, Hillcrest, Mission Hills,University City, UTC, Ocean Beach, Mission Beach, Scripps Ranch, Bonita, Borrego Springs, Valley Center, Lemon Grove, La Mesa, College Area, Linda Vista, Allied Gardens, San Carlos, Santee, Eastlake, Bonsall, Murrieta, San Clemente, San Juan Capistrano, Laguna Niguel, Mission Viejo, Lake Forest, Aliso Viejo, Dana Point, Orange County and Riverside County. |
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| DISCLAIMER: |
| The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Neither this web site nor its contents create an attorney-client relationship. |
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