A divorce proceeding is initiated by the filing of a Petition by one party and the Response by the other party.  The party originally filing the Petition is known as the "Petitioner" and the other party is known as the "Respondent."  The date of service of the Petition on the Respondent is important as it initiates the 6-month waiting period between the start of the dissolution and the eligibility to request that the marital status of the parties be terminated and final Judgment entered.  It is possible to terminate marital status before all other issues are resolved.

At any stage of the process, the parties may draft a full Marital Settlement Agreement agreeing to specific terms regarding disposition of their assets.  Where the parties have arrived at such an agreement, that agreement is incorporated into the "Judgment" which is then signed by a Judge and made an order of the Court.

In more complex divorce proceedings, time of trial is usually delayed considerably to allow time to determine the fair market value of or the amount of encumbrances on each item of community and/or separate property.  In any dissolution of marriage proceeding, the goal is to divide the community's assets and obligations equally between the parties.  Examples of assets are:  the community home, the family business, the pension and 401k plans, etc. Examples of debts are:  credit card debts, educational loans, mortgages, etc.  The issues involved may include:  As between the parties who will stay in the house?  Who will pay for the mortgage?  To whom should the educational loans be assigned and when will the proceeds of the 401k be divided?  How is the interest in the family business divided?  Who will keep the business?  There are other litigants who concern themselves with who gets the custody of the dogs and the horses.  We try and also urge our clients to attempt to keep a sense of humor while decisions about their children, lives and finances are being made.