The first step in obtaining is the filing of a complaint (or petition) for dissolution of marriage in the proper court, usually called the family court or domestic court. When the complaint is filed, the clerk of the court issues a summons for your spouse to answer the complaint. The summons is an official court document informing your spouse that a complaint has been filed against him or her and that some legal action must be taken by your spouse within a certain time (usually thirty days) or the court may decide the case against him or her. Your spouse must be served with the summons and complaint, which lawyers call “process” or “papers”. Depending on the state, service of the summons and complaint generally may be made by a marshal or sheriff, a registered process server, an employee of the attorney’s firm, or anyone 18 and over (19 and over in some states) who is not a party to the lawsuit. If your spouse cannot be found after a diligent search, you can ask the court to permit service by publishing the summons in a newspaper of general circulation.

Divorce is often a difficult and emotionally grueling process, however, having a Sacramento divorce attorney on your side that is caring, compassionate, and experienced can make the process less painful and traumatic. Call (916) 266-0188 today to schedule a consultation with an experienced divorce attorney in Sacramento, Robert N. Kitay.

Between the time you first file the complaint for divorce and the time the divorce becomes final (the procedure for which is discussed later), a number of things may require temporary or interim orders. For, example, if children are involved, there should be a provisional order not only stating who get custody of the children and how much child support the other spouse must pay, but also laying out exactly what rights the other spouse has to visit the children. An interim order should also be obtained regarding how much money one spouse it to pay the other spouse for support. All of these provisions should be part of the interlocutory (temporary) decree of divorce that determines the rights of each party until the judge enters the final decree of divorce.

Divorce is often a difficult and emotionally grueling process, however, having a Sacramento divorce lawyer on your side that is caring, compassionate, and experienced can make the process less painful and traumatic. Call (916) 266-0188 today to schedule a consultation with an experienced divorce lawyer in Sacramento, Robert N. Kitay.