Getting divorced is never easy, especially when you have been served with divorce papers and you have no idea what to do! Sometimes all you need is a step by step guide to divorce and what to do next.

What do I do Now That my Spouse has Filed for Divorce?

There are several steps that will need to be followed once you have learned that your spouse has filed for a divorce.

• You will be Served copies of the court forms your spouse has filed
• You will at this point be considered the Respondent and your Spouse will be the Petitioner.
• You will need to decide how you want to respond to the served paperwork, you have a few options

I Have Been Served How do I Know What to do?

Now is a good time to consult with a lawyer about what your best options are and advice you on how to proceed because it get complicated from here. Once you have been officially served you have two choices you can make, respond to the petition or begin communications on settlement. Your lawyer can help you decide which will serve your needs best.

You Can Choose to not Respond and Settle Amicably

If you have consulted with your lawyer and decide you do not wish to file a response you can simply wait and do nothing. In these cases the Petitioner will be required to file all necessary paperwork and go before the Judge for final decisions. If you and your spouse had agreed on everything and you agreed with what his paperwork stated, this might be the option your lawyer recommends. However be advised that since you didn’t file a Response the court can only go by what your Spouse has filed as Petitioner, unless you both agree otherwise. All decisions and court judgments will be based off of the Petitioner alone.

I Want to File A Response

You can choose to file a response back to the court stating your side of the case. In this situation your lawyer can help you decide the best way to fill out your response paperwork in order for your side to be equally represented. You only have 30 days to file a response with the court. There are special forms from the court house you need to fill out. After filling them out, you must file the papers with the court. There is a fee for filing. At this point someone will serve the Petitioner (your Spouse) copies of your court documents. Your lawyer will help make this as smooth as possible because they already have the correct documents and knows what to file.

Once the Petitioner has been served both of you will need to exchange financial documents. Basically this is where you will be figuring out the total marital debt, assets, and property in order to divide it fairly. These papers, called the declaration of disclosure, will also need to be exchanged and filed. A lawyer can make this process easier for both parties because it is easy to become emotional and angry at this point. Your lawyer will maintain a cool head and help you stay calm,  remember we are here for YOU!

Am I Divorced Yet?

To divorce all required paperwork must be submitted. Next a judgment from the court stating the terms of your divorce is obtained.  You may or may not have to appear before the judge. Your lawyer will let you know every step of the way.

It takes at least 6 months after filing all the paperwork in order to become divorced. Even then it is not automatic. There are still more papers to be filed with the court. The final steps and paperwork must be done exactly as they are described in the paperwork in order to finalize your divorce. Again your lawyer will ensure all documents get filed a necessary for you.

Summary

Even with a step by step guide to divorce, it is complicated! There are a lot of steps to take you from step to finish.  Proper procedure and paperwork will ensure that the process is as smooth as possible.

Minella Law Group can help you complete the process and take away all the unknowns and need for a step by step guide to divorce.  For more information or to schedule a consultation, click the button below, or call us at 619-289-7948.  We look forward to helping you.

Initial Reactions: How to File for 

 Divorce in California

Divorce is  difficult! The process of divorcing can be extremely painful for a person, and for a couple. Sometimes divorce completely takes you by surprise even if you felt it was a possibility. You have so many feelings tied up together that you are going to have to sort out. You may find yourself depressed, angry, emotional, unable to sleep or any number of feelings. You might have feelings of worthlessness, guilt or shame but it is normal to feel this way. With four simple words, ” I want a divorce, ” your world has changed, you have stepped out of your normal everyday life.. You may feel your world has shattered or broken. You are probably feeling confused and unsure of what to do next or who to go to for help. You instantly begin thinking about how to file for divorce in California. Not knowing the answer to the question how to file for divorce in California can be VERY stressful, but rest assured there are plenty of resources and help available.

Where to Begin When Determining How to File for Divorce in California?

There is so much involved in dissolving a marriage between two people. You are also dissolving the life you had come to know. Money, children, debts and the division of property become huge deals. It can be quite lengthy to divorce and there are many steps along the way. Regardless of your divorce being uncontested or contested there is a lot of time and paperwork involved. All of the paperwork must be prepared and filed in a certain order and in the proper locations. It can really ease the burden of divorce to have someone knowledgeable assist you to fill out all the proper forms that are required, as well as guide you through how to file for divorce in California.

California is considered a No Fault State for Divorce

No fault basically means the petitioner doesn’t have to have a particular reason or prove anything in order to divorce. All it takes is one person wanting out of the marriage. There are different types of divorces. Some are amicable and some get nasty, and everywhere in between. California wants to divide the marital assets and debt equally, family court is a court of equity. Other factors need to be taken into consideration however because it’s not always that simple. Factors such as child support, spousal support, disabilities, stay at home parents and many other issues need to be considered. At times like these it can be really helpful to know where to go and who to ask for help. Thankfully you do not have to do this alone. Here at Minella Law Group, we go through the work with you and for you. We are there every step of the way to ensure your rights and to make the process as easy as possible during this very difficult time.

My Spouse and I are in Complete Agreement to Divorce

If you and your spouse are in agreement over everything, this makes the divorce process much easier and it can save money. Your lawyer can help negotiate the issues that are holding up the settlement and inform both parties of their rights so that you both will be able to decide your total settlement and not have to step foot in a courtroom. This can be extremely beneficial especially if there are children involved since the stress of negotiating settlement will show. In some cases you may still need to make an appearance to agree that the paperwork filed for you is correct. It is important to remember that even if both parties are in full agreement, it will still take 6 months to finalize your divorce.

Couples Not in Agreement in Divorce Process

For couples who can not agree on anything, the divorce will need to be filed contested. These are difficult and can really take their toll emotionally on a person. This is why having Minella Law Group to protect your interests can be so important. We will fight for your rights to ensure that you get your fair share of the marital assets. We want you to experience as little heartache as possible so we will be the ones arguing for you. We will be there with you every step of the way and offer support as only an experienced family lawyer can provide. Divorce is difficult but together we can help you get through this process. We want you to be able to move on to begin the rest of your life with nothing holding you back. Divorce does not have to be the end, only a new beginning.

Summary

No matter your situation, divorce is not a fun process.  Filing for divorce is not something people anticipate but when you are facing divorce,  knowing how to file for divorce in California will help you take the initial steps.

Minella Law Group can help you with your divorce.  For more information or to schedule a consultation, click the button below, or call us at 619-289-7948.  We look forward to helping you.

Filing for Divorce

Filing for divorce is not an easy decision and then once you make the decision the process is not easy. There are steps to take to ensure the process goes smoothly and efficiently.

1. Consider an Attorney vs. Mediation

Because divorce is a legal action, professional advice is necessary in many cases. Some people represent themselves in a no-fault divorce, but hiring a divorce lawyer can help answer questions, and guard against any problems that may arise during the divorce proceedings. In an amicable divorce case, another option is mediation, which can be less costly but not provide the same safeguards as a lawyer, who is hired to care for the best interests of their clients. Divorce is an emotional process, and the longer the marriage the more there can be to negotiate, especially when there are children involved. This should be one of the first things to consider when filing for divorce

2. File

Divorce proceedings start with filing for divorce, you have to file a petition for divorce. Because of the legal nature of the document, a lawyer can help ensure that the forms are filled out correctly and all questions are answered in a clear, correct manner. The paperwork deals with issues such as joint property, shared assets, support and attorney fee requests. It is important that these documents are filled out properly to ensure that your rights are not waived. However, more forms may be required for couples with children. Once the paperwork is filed, the court assigns a case number and the official process begins.

3. Financial Disclosures

The disclosure portion of a divorce is like a show-and-tell of financial and property holdings. Each party in the divorce has to disclose all assets, debts, incomes, and expenses. Honesty is the best policy here, and a party can get into legal hot water for not disclosing with full factual information. Disclosing more than necessary can be the best policy, so that one party can’t take issue with the information given and draw out an already painful process.

4. Settlement Negotiation

After preliminary disclosures are made, the tough work of settlement negotiation begins. Most divorces can settle out of court with the help of lawyers. There are several types of common divorce settlements, including:

• Negotiations between lawyers acting on behalf of their clients, who are not present;
•  A settlement meeting where both lawyers and clients are present;
• A divorce mediation, which is attended by both spouses and a retired family law judge. While lawyers  may attend, however some couples decide to go without their legal teams; and
• A court settlement, where the case goes to trial in order to settle.

Regardless of the method chosen for the settlement negotiations, your case will have to end sometime.  You can save a lot of time and money by working together to come to a settlement rather than going to trial.

5. Waiting Period

In some states, such as California, there is a mandatory waiting period between separation, serving the divorce documents and filing the official petition. Even in the best case scenario where spousal support, asset negotiation and child support are agreed upon with no conflict, there is a six month waiting period before the divorce can be finalized.

Summary

If you are in the process of filing for divorce or are thinking about filing for divorce, there are steps to take to ensure an efficient process.  The process can be daunting since there is a lot of paperwork, consider hiring an experienced family law attorney to guide you through the process.

Minella Law Group can help you with your divorce.  For more information or to schedule a consultation, click the button below, or call us at 619-289-7948.  We look forward to helping you.