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How to File for Divorce in California

              

How to file for divorce in CaliforniaInitial 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.

 

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In Divorce, Family Law Blog

5 Steps to Take When Filing For Divorce

Filing for Divorce

 5 Steps to Take When Filing

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.

 

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In Divorce

Defining “No Fault” Divorce

In 2010, New York became the last state in the country to become a “no fault” divorce state. (California was the first to eliminate all fault grounds for divorce.) “No fault” means that it doesn’t matter why either party wants a divorce. All you need to get a divorce is for one spouse to say that the marriage is broken beyond repair. To translate that into legal terminology, the spouses are experiencing “irreconcilable differences.”

What is “At Fault” Divorce?

“At fault” (or “fault”) divorce refers to a legal system that only grants divorce if one spouse can show that the other spouse did something wrong. In other words, one spouse must be at fault for the failure of the marriage. Continue Reading

In Divorce

My Spouse Filed for Divorce: A Step-by-Step Guide of What’s Next

In California, it only takes one spouse to end a marriage, and your spouse does not have to prove you’ve done something wrong. If you’ve received a petition and summons for dissolution, your spouse is seeking a divorce. This can be a stressful and confusing time. The whole process takes at least 6 months to complete. Knowing what to expect can help ease the burden.

Responding to the Petition and Summons

In the petition, you can see what your spouse is asking of the court, including child custody preferences and support payments. The petition will also contain some restrictions on what you can do while the process moves forward, such as selling property or moving your children out of state. Continue Reading

In Divorce

Modifying Your Estate Plan During a Divorce

Divorce can be a complicated and frustrating process. Modifying your estate plan while going through a divorce can complicate things even further, especially if your estate plan is not up to date. It is important to ensure your estate plan is up to date when you are divorcing, because your spouse could inherit under your will or life insurance policy, should you pass away while your divorce is pending and fail to remove your ex-spouse as a beneficiary.

There are certain rules in California that make it tricky to modify your estate plan while going through a divorce. First and foremost, when you start your divorce by filing the dissolution petition and serving your spouse with a summons, an Automatic Temporary Restraining Orders, or “ATROS,” goes into effect. The ATROS automatically impose four rules – by way of California Family Code Section 2040 – that limit a spouse’s ability to change his or her estate plan. Continue Reading

In Divorce

Divorcing? Don’t be Trapped by Massive Debt!

Divorce is stressful enough without having to face massive debt. You need to protect yourself and your financial situation before your divorce is final. Here are some tips to help you avoid negative consequences of your soon to be ex-spouse’s actions.

  • Establish your own credit accounts. If you and your spouse are on speaking terms, come up with a way to separate and divide your credit card debt. Close out all joint accounts. While in a perfect world this should be done with your spouse’s cooperation, the fact remains many people have been dragged into financial crisis by a spiteful spouse who runs up debt and refuses to pay. By establishing your own accounts and your own credit line, you can protect yourself. Know that if you can’t agree to divide debt, the court will do it for you. Unfortunately, even if the court decrees one spouse has to pay a debt, the credit companies can still come after you if your name is on the account. Continue Reading
In Divorce

Pet Custody and Divorce

Divorce lawyers across the country have seen a dramatic increase in pet custody disputes over the last decade.  This is partly due to a shift in societal attitudes.  People have increasingly come to see pets as members of their family, deserving of affection and happiness, and whose presence in the home is essential to their personal happiness and the happiness of their children.  Because the law in all states still considers pets to be property, the problem of disputed pet custody and support has required creative legal solutions.

How Courts Handle Pet Custody Disputes

Although pets are considered property, their low dollar value and status as beloved family members means they cannot reasonably be sold and the proceeds divided in the same way as other property.  Rather, the court will either award custody of the pet to one party or craft a shared-custody or visitation agreement.  In doing this, most judges will consider: Continue Reading

In Divorce

Getting Temporary Emergency Orders in San Diego Divorce and Family Law Cases

If you have a divorce or other family law case pending in a San Diego court, there’s a difference between getting a temporary order and an emergency order.  Temporary orders are common, and these are usually orders that a court makes after a hearing with all parties.  But sometimes one side may ask the court to make an order immediately—without notifying the other side and without a hearing.  This is called an “ex parte” order, and they’re not granted in the typical divorce or child custody case.  Continue Reading

In Divorce

Divorce and Facebook: Could You Be Hurting Your Own Case?

Do you know who’s looking at your Facebook page?  Most people know that potential employers often check out your Facebook or MySpace profile before hiring you.  But, this is also an important consideration if you’re going through a divorce.  Your social media accounts (such as Facebook, MySpace, Twitter, YouTube, or LinkedIn) could contain a mountain of evidence that your soon-to-be ex spouse might use against you in court.

The use of online evidence in divorce cases has become so common that Time magazine recently featured an article about Facebook and divorce.  It has been reported by the American Academy of Matrimonial Lawyers that over the last five years, 81% of its divorce attorneys have dealt with evidence obtained from social networking websites.  When someone is going through a divorce, these websites can serve as an outlet to express their feelings of anger, hurt, or disappointment.  But sometimes, a person’s online posts may come back to haunt them. Continue Reading