A Sacramento Divorce must be filed under the California divorce law. It is essential to understand various aspects of the divorce case in order to know where exactly you stand in a divorce proceeding.
Stipulation of the spouses: Under a Sacramento Divorce if the two spouses manage to work towards an agreement for a temporary order or a full and final settlement of their divorce case, a stipulation for a temporary order or a Marital Settlement Agreement can be drawn by the lawyer to be signed by the two spouses, and when they are filed with the court, they become the court’s official judgment.
Trial: If the spouses fail to arrive at final agreements on child custody, child support and alimony issues, they will to approach the court with a request for a trial date. The family law court does not have a jury, therefore the matter of divorce is usually decided by the judge or a commissioner of the family law court.
Judgment: In a California divorce case, the court stipulates a six months waiting period before passing the judgment on ending the marital relationship. After the six months period is over, without any reconciliation between the two parties, the court needs an official Marital Settlement Agreement signed by both spouses, or otherwise by a court order made at the trial proceeding.
Bifurcation of Marital Status: In ordinary circumstances, under the California divorce law, a person cannot enter into a second marriage until a divorce order has been passed in the previous divorce case. But in exceptional situations where the divorce case proceedings are expected to prolong the spouse may seek a “Bifurcation of Marital Status” by an agreement or by way of court’s order. Under this order, the court bifurcates the issue of marital status from the remainder case, and restores the two parties to a status of an unmarried person, and reserves judgment on the balance issues that are yet to be settled. Bifurcation has a big advantage for the spouses so that they may re-marry even while the divorce proceedings of the previous case are still ongoing.
Failure to response to divorce summons: In case a spouse has been served with a divorce summons, it is required by the court of law that the recipient of the summons must respond to the divorce papers within one month of being served the summons and the divorce petition. If the recipient fails to respond within the stipulated date, the petitioner may file default paper with the court and request that the court grant the divorce as per the petition and make a judgment on the case.
As a result, even when the second spouse may not actually desire an end to the marriage, but the failure to respond to the court summons makes the situation difficult for preventing the divorce. And where the other spouse does not challenge the divorce petition, and rather works out a Marital Settlement Agreement, it may make the divorce rather simple, and avoid the case from going to trial.