If you have decided to get a divorce, or you are facing a divorce proceeding because your spouse wants to end your marriage, you need to prepare well for it. The most important thing is to ensure that you get it done as quickly and amicably as possible. The San Diego Family Law Attorney is ready to help you avoid the overwhelming nature that comes with divorce, by advising you on divorce laws and how you can prepare. Our experienced attorneys will be sure to take you through all the necessary steps to make the process peaceful, fair, and drama-free.
Preparing for a Divorce
Divorce is not always easy. It may be hard for a person to know what to do, and whom to speak to when they want to end their marriage or when they are facing divorce proceedings. A competent attorney will first advise you to relax, accept your situation, and go through it in a relaxed state. The realization that one's marriage is coming to an end is not easy to take, but stressing over the matter can make things worse in any situation. The good thing is that there is always someone to help. A reasonable family law attorney will be by your side, offering all the support and advice you need until the end of the process. However, what exactly does a person need to do in preparation for divorce? Let’s find out in the following sections.
Understand the State Laws on Divorce
The state of California is a no-fault state as far as divorce is concerned. This means that the divorcing couple will not be required to state the exact reasons why they are divorcing for their petition to be granted. One partner may decide to end the marriage, or both may agree, but none of them will be required to explain their reasons. Every marriage in the state is annulled on the grounds of irreconcilable differences. The only time the actual reasons for divorce will be needed is when it comes to property division and handling issues such as child custody and alimony payment.
Another thing a person thinking of getting divorced or undergoing divorce must know is that California is a community property state. What this means is that every property that was obtained after the marriage is subject to equal division unless there is a third party involved. Facts about all this will be needed during the divorce proceeding to ensure that community property is equitably divided between the divorcing couple. Things will, however, be different for people who signed a pre- or post-nuptial agreement. It will help to review the deal with your attorney as early as possible to ensure that everything is okay before the divorce process kicks off.
The next legal requirement the divorcing couple should understand is the residency requirement and the waiting periods. Divorce laws in California require couples getting divorced to have lived in the state for at least six (6) months, and three (3) months in the county where they are filing for divorce before they can register for a marriage annulment. Before the divorce is finalized, the couple will be considered married in the eyes of the law even if they have been legally separated. If the residency requirement has not been met, the couple can file for legal separation instead of divorce and then file for divorce when the residency requirement is met.
After the petition is filed, the couple is expected to wait for another six (6) months before the divorce is granted. The waiting period is allowed just in case the couple wants to reconcile and forget about the divorce. If the judge believes that there is a reasonable possibility that the couple may reconcile, they may delay the divorce process for an additional thirty (30) days.
Finally, there are fees that you need to consider. Filing for divorce will cost you some money, and the exact amount depends on the county where you have registered for divorce. There are cases whereby the petitioner is unable to pay for the divorce. In such a case, the court may decide to grant them a waiver
Prepare the Required Records
You need to prepare your records to show what properties are personal and those that are jointly owned, as well as how much each of them is worth. Even if the state is a community property state, the records will be needed for the presiding judge to be sure that they are dividing the assets fairly and that no community asset is left out. In this case, you need to prepare all records for any significant purchase you made before and after your marriage. This will make things easier when the time to divide the community property will come. With proper records, the judge will know the actual value of everything so that the party who does not get the family home will be equally compensated with another property or money worth half of the cost of that home.
It is essential for you to locate all records to your assets, debts, life insurance, pets, and all documents relating to any separate property you might have acquired and would like to claim. If there are properties whose interest you are unable to trace, your attorney should be able to help you with that.
It would be easier if the couple came together to agree on property division out of court as this will speed up the divorce process and help them avoid unnecessary confrontations. This might force the court to intervene and impose its verdict. Through their lawyers, the couple can list down their community assets and separate them from personal property and then decide on how they want to divide the property acquired during the marriage. The value of what they jointly own can be determined too, then the assets are divided equally, or one partner can buy out the other and keep the asset.
Getting Help
As mentioned above, a divorce is a long, tedious, and stressing ordeal. You need any help you can find, both emotional and legal. You will need the help of an attorney, someone that is well conversant with the divorce process in California and one who is willing to walk with you through the process to the end. There are several things you need to bear in mind when choosing an attorney:
The relevant experience they have- a family law attorney in San Diego will be your best choice here. This attorney will be well conversant with the state laws and county requirements for divorce to successfully take you through the process. An experienced attorney will also be familiar with the local family law judges, and so, they can best prepare an effective strategy to ensure that your needs are met in the end.
Availability- you need to work with an attorney that will be by your side throughout the process. An attorney with so many other cases in their hands may not give you the attention and emotional support you need. Again, it would help if you had an attorney who can focus on the situation and utilize all their resources for the best outcome.
Successful- a successful attorney in litigation is the best choice. Check out the record of success in the cases the attorney has disputed, and you can tell how successful they are. In most cases, dedication is what leads to success in litigation; therefore, it is easy to say the kind of attorney you are dealing with from their record of performance.
With the right attorney by your side, the emotions that come with divorce can easily be kept down. A reasonable attorney will keep you as far away from your spouse as possible at the same time, ensuring that everything is going on well with the divorce.
The support of family and friends is also needed; therefore, do not go through this emotional and challenging process alone.
Plan for the Children
Divorce becomes even harder when children are involved. If the couple is in good terms, issues about child custody and child support will be easy to handle. Together with their lawyers, the couple can decide to settle the matter out of court. In that case, the parent who is closest to the children may become their primary caregiver; then the other parent will be the visiting parent.
However, things may be a little tricky if both parents are not in good terms. Children are usually happier and healthier if they have the support of both their parents. This means that both parents should be present in their children's lives regularly. If the couple continues to fight, this may not work well in the end, and the children will be the most affected. A wise attorney will advise you to try and accommodate each other for the sake of your children, regardless of who caused the marriage to end.
Parents should take the initiative of protecting their children from the pain that comes with divorce. Every child wants to live in a peaceful environment, where both their parents are happy, and the atmosphere is conducive for their growth and development. If one spouse is violent, the other parent will be doing well by separating themselves and the children from that person.
Some spouses will kidnap their children to get even with their partners. You need to know how you can protect your children from that. A court order can, for instance, be acquired to prevent any domestic violence. The protective parent can also notify their kids' schools, childcare providers, or anyone that is helping them look after the children not to release the children to anyone apart from them. In extreme cases, a parent may secure a passport for their child to stop the other parent from removing the child from the country.
Prepare Your Evidence
In California, evidence may not be needed because the fault is never considered for a person to be granted a divorce. The reasons for wanting to annul a marriage are not also asked when the court is deciding on the division of marital property. If, however, you are suspecting that your spouse is an unfit and unfair partner or parent, you may need to gather as much evidence as you can, to support your claims before the court.
The court may need evidence if you claim that they are an alcoholic, they use drugs, or they regularly bring home different sexual partners. This kind of evidence may be necessary for determining such matters as child support and custody.
For the court to accept your claim, you need proof of the same. Some kinds of evidence that may be easy to obtain are pictures and phone recordings. Try gathering any evidence of misdeeds you can find and get it ready for when the divorce process starts.
An unfair partner may want to deceive you off some family assets. One partner may, for instance, secretly sell some assets without informing or seeking the consent of the other. As long as you are sure that the asset is a family property, get the evidence of the sale and present it in court during the division of property. If the transaction has successfully been made, the court will demand that you get paid for your part of that asset.
Again, your attorney will be of great help in preparing the evidence you might need to have your needs met by the end of the divorce. A smart attorney will be able to advise you on the kind of evidence you need and how that evidence can help you get what you deserve.
Get your Finances Ready
Divorce does not only impact on the couple's emotions but also on their finances. The process of untangling two people's finances can get messy, especially if one or both of them are not honest. The period before filing for divorce is the time the couple needs to plan for their finances; that is, what they have and what they need in the future. Even before you decide on who pays child support and whether or not alimony will be paid, the couple needs to prepare their finances for the process ahead.
First of all, track down your expenses and think about the costs that will come in the future. As soon as you realize that the marriage is coming to an end, start tracking your income and expenses. This will make it easy for you to create a budget after divorce. This will also help your attorney see just how much you need to sustain your future life, to plan a good strategy during property division. Again, if children are involved, your attorney will want to know if you will be able to sustain them or you will need spousal and child support.
If you are expecting support from your partner, ensure that you are putting that in your budget for the future expenses. It is essential and will be easy to go through with the process, knowing that your future will be taken care of by your partner. For a person who has been tracking their budget, this will be much easier for them.
Gather all your financial records and determine your marriage's financial health. From the financial records, check out the following:
- Statements from your checking and savings account for the past year,
- Statements from your retirement accounts,
- Statements from any investment account you may have,
- Ledgers for any loans you may have, including mortgage, personal loan, and car loans,
- Credit card statements for the past year,
- List of all the assets and debts that came after the marriage and those that you have accumulated for the period of your marriage,
- Income tax returns for the past three (3) years, and
- Any recent pay stubs.
Prepare and File the Necessary Forms
Your attorney should help you obtain all the divorce forms you need, or you can get them yourself from the court clerk in the Court where you want to file for divorce. The first thing to do is to fill a Petition for Marriage Dissolution and financial disclosure forms. Note that there are separate forms for those using a summary procedure as well as those who have dependent children. Once all the forms have been completed, take them to the clerk's office of the Family Court, then pay the divorce filing fee to start the process.
Find a San Diego Family Divorce Attorney Near Me
A broken marriage comes with many emotions. The divorce process itself is complicated and tedious. Finding the right legal help can make it bearable and ensure that everything is done on time and that the process is smooth. The San Diego Family Law Attorney is ready to help you through this process, whether you are preparing for a divorce or you want legal representation in court proceedings. Call us today at 619-610-7425 and let us find a solution together!
