Uncontested Divorces:
What happens after divorce papers are served for uncontested divorces? The divorce papers are filed and served and then the individuals filing for divorce will either meet with a mediator to settle their remaining issues, or they will settle their issues in another form of conflict resolution that does not involve litigation.
Contested Divorces:
What happens after divorce papers are served for contested divorces? Again, the divorce papers are filed and served and then the individuals that are filing for divorce will continue on with litigation, perhaps even a trial if it is warranted in that specific case.
Mandates
Whether the divorce is contested or uncontested, when the divorce papers are served, four different mandates automatically go into effect that directly affect the lives of the individuals who are getting a divorce. These four mandates are:
- If there are children involved with the couple who is getting a divorce, neither parent is legally able to remove their children from the state.
- Any property (either separate or community property) related actions are automatically restrained—meaning that neither of the parties involved in the divorce proceedings is legally able to do anything regarding their property without first consulting with the judge and/or attorneys in charge of their case.
- Certain actions that couples may wish to alter regarding insurance policies are restricted during the divorce proceedings. For example, one spouse may not be able to change things such as their last will and testament during the divorce proceedings.
- Certain non-probate transfers are restrained during the divorce proceedings. This simply means that one spouse cannot change certain things about their non-probate transfers during the divorce proceedings.
These mandates can be found on the back of the divorce papers that were served to the individuals involved in the divorce and are typically referred to as ATROs, or automatic temporary restraining orders. These mandates or orders do not take the place of a typical restraining order, so if you are going through a divorce and feel that you are in need of a restraining order against your spouse, you must file for one separately.
After the divorce papers are served, the preliminary declaration of disclosure, which consists of a lot of paperwork and discussions of community and separate property, assets, income, expenses, and debts, will commence. After this happens, the settlement conference will commence, followed by the final declaration of disclosure, and finally, the divorce judgment. In the case of a contested divorce, sometimes the couple will need to take the case to trial in order to settle issues that they previously have been unable to settle during the course of the divorce proceedings.
For more information about divorce proceedings for uncontested and contested divorces, consult with an attorney or visit montesfamilylaw.com.
Works Cited
Farzad, Robert. “Automatic Temporary Restraining Orders | California ATROS.” Farzad Family
Law. Farzad Law, 06 Feb. 2015. Web. 11 Mar. 2016.
Farzad, Robert. “What Happens After Divorce Papers Are Served?” Farzad Family Law. Farzad
Law, 20 July 2015. Web. 11 Mar. 2016.
