Divorce is one of the most challenging experiences a person can face, both emotionally and legally. The divorce process involves decisions that may impact your life for years to come. It is a significant life event that involves careful planning and preparation to make sure you receive the best outcome for your case.
Therefore, it is essential to prepare and plan prior to filing for divorce or soon after your divorce commences so you can make informed decisions.
If you’re considering filing for divorce or you have an active divorce case in California, taking the right steps early can help ensure a smoother process and protect your interests. Come speak to an attorney at Happ Law Group P.C. to see how we may assist you in planning and preparing for your divorce.
Below are some essential steps to help you plan and prepare for a divorce in California.
In California, navigating the legal system for dissolution of marriage cases can be complex. It is important to understand the laws when going through a divorce so you can effectively and efficiently navigate the judicial process.
California is a no-fault divorce state, meaning that you do not need to prove wrongdoing by your spouse to file for divorce. You may obtain a divorce so long as one person in the marriage is requesting to be divorced. The most common grounds for divorce in California is “irreconcilable differences.”
Moreover, understanding the legal framework and residency requirements is crucial. For a California court to have jurisdiction over your case, you must be living in California for at least six months and be living in the county where you file for divorce for at least three months prior to filing. It is essential to make sure the Court has jurisdiction prior to filing your dissolution of marriage case.
Talk with a Divorce Lawyer now to find out everything you need to know before you start the process.
It is difficult to financially manage one household. However, when people get divorced, it is often even more difficult, sometimes unattainable, to live the same lifestyle with two separate households. Review your finances and assess your financial situation so you may determine your options once you file for divorce and so you are aware of your financial situation prior to the dissolution of marriage action commencing so you know the assets and debts in your case and so you can make informed decisions in your case.
Understanding your financial situation is vital prior to filing for dissolution of marriage. Create a comprehensive list of assets and debts, including joint and individual accounts. Consider assets that you believe exist in your spouse’s name so you may inform your attorney. If your spouse does not disclose certain assets, then your attorney is aware that a specific asset may exist and can discuss steps to uncover that asset.
Consider your future financial needs and how the divorce might impact your lifestyle. This assessment will help you make informed negotiations and representations to the Court on important issues such as spousal support, child support, payment of attorney’s fees and costs, and the division of assets and debts in your case.
In California dissolution of marriage cases, each party is required to complete financial disclosures called Declarations of Disclosures at the beginning of the case and prior to trial. These financial disclosures include, but are not limited to, producing your last two years of tax returns, listing all assets and debts, and disclosing your income from all sources.
These financial disclosures are extremely important for your case as they tell the other side what assets and debts are subject to division in the dissolution of marriage case. It is important to know not only your assets and debts, but also as much information of assets and debts in your spouse’s name.
Financial transparency is critical in California divorce cases. Therefore, it is important to collect and organize all relevant financial documents for you and your spouse including, but not limited to:
Having these documents ready will help you and your attorney understand your financial situation, will assist with the preparation of your financial disclosures, and can be used to ensure a fair division of all assets and debts and a fair child support or spousal support order. Also, gathering these documents in advance will help you to be better prepared when you meet with your attorney.
If you have children, their well-being is a top priority. Think about a child custody and child visitation arrangement that is in their best interest.
In California, there are two types of child custody. Legal custody, which is the decision to make legal decisions for your child such as their healthcare, education and welfare. Physical custody is who your child resides with and the parenting plan for your child.
Be prepared to discuss what the historical parenting schedule was and the best interests of your children. Prepare to discuss visitation schedules, holiday arrangements, and how decisions about the children will be made. Be prepared to disclose if there are any safety concerns regarding your children being in the other party’s care so the attorney can assist you in coming to a child custody and child visitation schedule that is in your children’s best interest.
To find out more about child custody read: What Factors Do the Court Consider in Making Custody Orders?
Divorce can be emotionally taxing as you are going through one of the most difficult times in your life. Establish a support network of friends, family, or a therapist to help you through this challenging time. Emotional support is crucial for making clear-headed decisions and maintaining your well-being throughout the process.
Engaging a knowledgeable family law attorney early in the process is vital. An experienced lawyer can provide legal advice, help you understand your rights and obligations, and represent your interests effectively. They can also assist with mediation and negotiation, aiming to achieve a fair settlement without going to court.
Think ahead about your life after the divorce. Consider where you will live, your employment situation, your desired child custody and child visitation schedule, and how you will manage financially. Developing a post-divorce plan can provide direction and stability as you navigate this major life transition.
Preparing for a divorce in California involves several critical steps that can significantly impact the outcome of your case. By understanding the legal requirements, organizing your finances, considering child custody arrangements, and consulting with a divorce attorney, you can navigate the process more smoothly and protect your interests. Remember, the decisions you make now will shape your future, so take the time to prepare thoroughly and seek the support you need during this challenging time.
For enquiries, contact our office today. Our experienced family law attorneys are here to guide you through every step of your divorce.
Is it important to have an attorney in my divorce case?
Yes, because divorce laws are complex and vary from state to state. A knowledgeable attorney understands the intricacies of the legal framework and can navigate the system efficiently and cost effectively. An attorney is your ally who can help assist in protecting your interests and help make the best decisions and take the best positions for your case.
What should I do to plan or prepare for my divorce?
Understand California dissolution of marriage laws and the residency requirements, assess your financial situation and determine your options, gather financial documents, consider a child custody and child visitation plan that is in your children’s best interest, create a support network, consult with a family law attorney, and develop a post-divorce plan.
What documents should I gather to assist in planning and preparing for my divorce?
It is important to collect and organize all relevant financial documents for you and your spouse including, but not limited to, current bank account statements for all accounts; current credit card statements for all accounts; tax returns for the last 2 years; W-2s and 1099s for the last 2 years; last two months of paystubs; current loan statements; current mortgage statements; property deeds; current retirement account statements; current brokerage account statements; stock certificates; life insurance policy documents; and, any other account statements or documents reflecting the existence of any other asset or debt of the marriage, prior to marriage, or after separation.
Come talk to the attorneys at Happ Law Group P.C. to see how we can assist you in your dissolution of marriage case.
DISCLAIMER: This information is made available by Happ Law Group P.C. for educational purposes only as well as to provide general information and a general understanding of California law, not to provide specific legal advice. If you are in need of advice about your specific situation, you should consult with a California family law attorney.
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