Knowing what to expect and how to prepare yourself for divorce will give you confidence to make smart decisions that protect your future and family. This is the California divorce process in ten steps:
1 Preparation: Once you’re mentally prepared for divorce, you’ll want to take action to protect important assets. If you have children, you’ll want to prepare them for the separation as well.
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2-4. Filing & Responding: Legally initiating divorce is handled by only a few court forms. You will either a) ‘Serve‘ divorce papers to your spouse or b) ‘Respond‘ to the papers your spouse files. In general, neither position is automatically more advantageous than the other.
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5. Temporary Orders: Before your divorce is finalized, youmayrequest legally-binding, temporary (pre divorce judgment) orders that outline alimony, child support & custody, use of property, etc.
6. Financial Disclosures: With four court forms, you’ll detail your assets, debts, income(s), and expenses for submission to the court. Just like taxes, these forms are required of everyone.
7. Discovery: If your spouse is uncooperative or you believe they are hiding information, Discovery is the legal process for obtaining that information. This step is often times not needed when both sides cooperate and are honest with each other.
8. Settlement: At this point, all of the prerequisite court forms have been filed and you can formally settle all aspects of your partnership through a divorce judgment..If you and your spouse are able to reach terms amicably, you can avoid trial altogether.
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9. Trial: Sometimes, no matter how hard you try, your spouse will be disagreeable. A judge will weigh all information/testimony and decide the details of your divide, including: asset/debt allocation, financial support, and custody.
10. Post-Judgment: After trial or settlement, you’ll prepare and submit your Judgment for the judge to sign. With your marriage legally dissolved, you may now address issues such as estate planning, account ownership, and retirement.
The unique circumstances of your divorce will determine which steps you take during the process. We hope you take care of yourself during this difficult time.
Divorce can feel stressful and overwhelming, but the more you’re able to educate yourself on the process, the better off you’ll be in the long-run.
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