The California Divorce Process, Step by Step

January 6, 2020January 22, 2020
by Angie

The California divorce process, step by step, includes nine major components:

Preparing paperwork to file
Filing
Serving divorce papers
Responding to the divorce
Temporary orders
Financial disclosures
Discovery
Settlement
Trial

The California Divorce Process, Step by Step

While no two divorces are exactly alike, most California divorces follow the same series of events. Every step requires you, your spouse or your attorney to take different actions, so here’s a closer look at each.

#1. Preparing paperwork to file

For most people, the best choice is to work with a Stockton divorce attorney who can provide legal advice every step of the way. Preparing paperwork to file for divorce can be complicated, and you’ll need to gather up several pieces of documentation. You need:

Birth certificates	Pay stubs	Tax returns	Mortgage statements
Retirement account statements	Credit card bills and statements	Insurance policies and other documents	Other personal or financial documents, which your attorney can explain to you

#2. Filing

When your attorney has completed the summons and petition for your divorce, she’ll file it with the court system. If you have children from your current relationship, she’ll also file a special form that outlines their residences over the past 5 years.

#3. Serving divorce papers

Serving divorce papers simply means that you’re notifying your spouse that you’ve filed for divorce. (If your spouse has already filed, there’s a good chance that you’ve been served with divorce papers.) Your attorney will handle this part for you.

#4. Responding to the divorce

Your spouse will have a chance to respond to the divorce paperwork you filed – or, if your spouse filed, you’ll have a chance to respond. If the person who receives the papers doesn’t respond within 30 days, the divorce can move forward without his or her input.

#5. Temporary orders

Sometimes temporary orders are necessary. They’re orders the judge in your case makes, which are good until the divorce is final; sometimes these orders become permanent. Judges often issue temporary orders for things like:

Child custody
Child support
Spousal support
Exclusive use of property (for your home or other property)
Payment of attorney’s fees

Either party can ask the judge to create a temporary order during the divorce proceedings.

#6. Financial disclosures

You and your spouse are required to disclose your financial situations to the court during the divorce process. Because California is a community property state, and because some property is considered separate property (meaning that it belongs to only one of you), the courts need an accurate picture of your situation. You’ll have to provide documentation to back up your claims, which can include:

W-2s
Check stubs
Bank statements
Federal and state income tax returns
Titles and deeds
Retirement account statements
Credit card statements
Insurance policies

You may need other documentation as well. Your attorney will explain what you need.

#7. Discovery

Discovery is the legal method of getting the information you need from your spouse during the California divorce process. Your attorney will file a formal legal request and may ask your spouse to answer written questions – and your spouse will have to admit or deny the truth of a statement under penalty of perjury. Your attorney may also want to depose your spouse, which means he or she will have to give oral testimony under penalty of perjury.

#8. Settlement

You and your spouse will reach a settlement (you can reach a settlement without Step 7 if you both agree that you’ve provided all the necessary documentation) at some point during your divorce process. The settlement is the result of a give-and-take negotiation where you and your spouse find common ground on things like property division and child custody. Your settlement agreement will also include information on:

Child custody and visitation
Child and spousal support
Property division
How you’ll handle your debts
Your new marital status and, in some cases, a name change for one party

#9. Trial

Not all divorce cases end in a trial. In fact, you only have to go to trial if all your other settlement options have failed. Either you or your spouse can request a trial, but in some cases, the judge will set one even if neither of you asks.

The best way to keep your divorce out of court (other than to get a judge’s signature on your divorce paperwork) is to settle things with your spouse on your own. Trials can be time-consuming and expensive, and if you go to trial, your divorce will take much longer than it would if you settled.

Do You Need to Talk to an Attorney About the California Divorce Process, Step by Step?

We’ve helped many people in Stockton, and we can help you, too. Call us at (209) 546-6246 to set up a consultation to talk about your case and get answers to all your questions, including those about child custody and child support, property division and more.

Divorce

5 Things Not to Do During Divorce

July 30, 2018August 4, 2020
by Angie

Divorce is one of the most stressful things you’ll ever go through – but if you’re like most people, you know that there are some things you shouldn’t do during the divorce. In fact, there are a few things you can do that will actually make your divorce more difficult. Here are five things not to do during divorce:

Don’t dismiss the idea of mediation
Don’t drain joint bank accounts or increase your debts
Don’t involve your children
Don’t settle just to get it over with
Don’t have unrealistic expectations

5 Things Not to Do During Divorce

Don’t Dismiss the Idea of Mediation

Most people want to make it through divorce as painlessly as possible, and one way to do that is through mediation. A trained mediator can help you cut through the emotional issues that often hold up divorce so you can reach agreements with your spouse about important issues like child custody.

Don’t Drain Joint Bank Accounts or Increase Your Debts

Just like assets, the court will divide your debt during divorce – but if you rack up a significant amount of debt knowing that you’re going to divorce, or if you drain a joint bank account, you could end up in a lot of hot water. Before you make any major financial decisions, talk to your Stockton divorce attorney about what’s okay and what’s not.

Don’t Involve Your Children

Your children will want – and need – to know what’s going on, but experts suggest that you explain the situation in age-appropriate ways. Never, ever use your children as therapists; they love you and your spouse, and they don’t want to feel like they’re in the middle of your battle. Over-involving your kids, or telling them more than what they need to know, is the best way to permanently damage your parent-child relationships.

Don’t Settle Just to Get it Over With

The courts are here to ensure that marriages are dissolved fairly, and you’re entitled to your share of the assets from your divorce. You’re also entitled to see your children and spend uninterrupted quality time with them. Unfortunately, some people simply cave in to their spouses’ demands just to get the divorce over with faster – but that can be a huge mistake. Your attorney will fight for what’s right and fair to you (and your kids). You don’t have to give in just to get things over with.

Don’t Have Unrealistic Expectations

The courts aren’t going to take away everything your spouse owns because he or she cheated on you, or take away all his or her parental rights because you two can’t get along, so don’t expect that to happen. Instead, start your divorce with realistic expectations so you can begin planning for a successful future on your own. If you’re not sure what’s feasible, talk to your lawyer; she’ll make sure you understand the most likely outcomes.

Are You Thinking About Divorce?

We can answer your questions about whether you’ll be required to pay or entitled to receive spousal support, how to figure out child custody and the division of property, as well as any other questions you may have or refer you to a therapist focusing on divorce issues.

Call us at (209) 546-6246 or contact us online to schedule an appointment with an attorney. We may be able to help you.

Divorce

3 Tips on How to Negotiate During Divorce

November 1, 2017January 17, 2019
by Angie

During your divorce, your family law attorney will most likely advise you to try to negotiate with your spouse – whether it’s about child custody and visitation, the way you divide your assets, or other matters that could put you and your soon-to-be ex at a judge’s mercy.

But that’s easier to say than it is to do… right?

How to Negotiate During Divorce

Before you begin to negotiate with your spouse, you need to know why it’s important.

If you can’t agree on important issues, you’ll end up forcing the judge in your case to decide them for you. While judges do their best to be fair, only you and your spouse know what’s really best for yourselves and your children. Further, the more time you need to spend in court, the more money your divorce will cost – and the longer it’ll take.

Ideally, you’ll be able to work with your spouse to reach agreements on all the major issues before you go before the judge.

3 Tips on How to Negotiate During Divorce

Divorce Negotiation Tip #1: Separate What You Need From What You Want

Map out a post-divorce budget and try to determine how much, if any, alimony you’ll need to ask your spouse to pay. Evaluate the entire situation so you know what’s negotiable and what’s not before you begin engaging your spouse in negotiations. Ask yourself:

Do I need to remain in the marital home because the children are in school here (or for other reasons)?
Will I be able to handle the debt associated with taking one of the vehicles?
Can I reasonably expect my spouse to pay a certain amount in alimony while still leaving him or her enough to live on?
Will the kids live with me or my ex, and what do I need (or what do I need to do) to keep their standard of living the same?

Every situation is different, so take an objective look at your divorce. Try to think like a judge, who’s looking out for what’s fair for both parties (but especially the children).

Divorce Negotiation Tip #2: Separate Your Emotions From the Facts

It’s easy to become upset when you’re negotiating your entire life, but that’s the least productive thing you can do. (It may be a good idea to talk to a local therapist who can provide you with new coping strategies, as well.)

Remember that nothing can derail negotiations as quickly as a heated argument can. Do what it takes to remain as calm and reasonable as possible while you’re working through these issues with your soon-to-be ex-spouse, because you need to focus on the big picture: life after divorce.

Divorce Negotiation Tip #3: Stay Flexible

The divorce process is all about negotiations, but you won’t get far if you don’t remain flexible. Negotiation is give-and-take, and you can’t try to change that dynamic. There are alternatives to every situation; if your spouse wants something that isn’t on your “must-have” list, use it as a bargaining tool.

Do You Need to Talk to an Attorney About Negotiating With Your Spouse?

Your attorney can always help you negotiate, as well, although she’ll have to work with your spouse’s attorney to do so.

We can help you get through this – and if you’re overwhelmed by what’s going on, call us right away. The sooner we can understand your situation, the sooner we can begin to help you.

Call us at 209-910-9865 or get in touch with us online to talk to a Stockton family lawyer who can help today.

Divorce

How to Have a “Successful” Divorce

July 3, 2017October 3, 2017
by Angie

Whether you’re simply thinking about ending your marriage or you’re ready to take action and get in touch with a Stockton divorce lawyer, you probably have more than a few concerns about how the process will play out—and whether you and your spouse will be able to reach fair agreements without causing too much collateral damage.

The fact is that you can have what’s known as a successful divorce. It’s not always an easy process, but the end result is that you and your spouse can both walk away feeling that it was fair and that you both won.

The secret?

Don’t look at divorce like a competition, a race, or something that you have to win.

Divorce is simply a way to end your marriage, and there aren’t supposed to be any “winners” or “losers” in the legal system.

How to Have a Successful Divorce

In order to have a successful divorce, you and your spouse have to be on the same page; you both have to look at it as a means to an end. If one spouse isn’t interested in collaborating and making the process as quick (and painless) as possible, it’s going to be extremely difficult to navigate the process.

How to Talk to Your Spouse About Having a Collaborative Divorce

Many people find that discussing collaborative divorce with a spouse is easier when it’s framed in terms of time or money. The simple fact is that when both spouses can agree on major points, their divorce will move faster and will cost less.

Finally, nobody knows your family like you do—or what will work best for them. You and your spouse are the most highly qualified when it comes to making decisions that will affect all of you; if you can’t agree, though, you’ll take those decisions out of your own hands and put them in the judge’s hands.

Should You Simply Give In to Your Spouse?

You don’t have to “give in” to your spouse’s demands in order to have a successful divorce. Instead, look at it as if you were negotiating a contract. Give-and-take is important in a successful divorce, so sit down with your attorney and determine what it is that you really want from your divorce. That way, your lawyer can help you negotiate your way through the process and make the best of the tough situation you’re in right now.

What if Your Spouse is Combative Instead of Cooperative?

Some people who begin the divorce process like they’re running toward combat eventually come around, but that’s not always the case.

If your spouse isn’t cooperative—or isn’t interested in participating in a collaborative divorce—you need tough representation in court. You need a lawyer who’s going to stand up for your rights and who isn’t afraid to speak up on your behalf.

Typically, the judge can tell when a spouse is trying to tilt the divorce’s outcome in his or her favor (or worse, trying to use the legal system for revenge). That’s not what the legal system is for, though, and the only purpose of our divorce courts is to dissolve marriages. Each judge is tasked with the heavy responsibility of ensuring that all Californians get a “fair shake” in court and that the legal system does justice to every citizen.

Do You Need to Talk to a Stockton Divorce Lawyer?

If you’re thinking about divorce and you have questions that an attorney can answer, if you’re ready to take the next step and file your paperwork, or if your spouse has already filed divorce paperwork, we can help you.

Call us at 209-910-9865 for a divorce case evaluation. You’ll talk to an experienced Stockton divorce lawyer who will answer your questions about child custody, child support, spousal support, or anything else that’s weighing on your mind. The sooner you call us, the sooner we’ll be able to begin developing the strategy that gets you and your family the best possible outcome.

Tag: <span>Settlement</span>

The California Divorce Process, Step by Step

The California Divorce Process, Step by Step

#1. Preparing paperwork to file

#2. Filing

#3. Serving divorce papers

#4. Responding to the divorce

#5. Temporary orders

#6. Financial disclosures

#7. Discovery

#8. Settlement

#9. Trial

Do You Need to Talk to an Attorney About the California Divorce Process, Step by Step?

5 Things Not to Do During Divorce

5 Things Not to Do During Divorce

Don’t Dismiss the Idea of Mediation

Don’t Drain Joint Bank Accounts or Increase Your Debts

Don’t Involve Your Children

Don’t Settle Just to Get it Over With

Don’t Have Unrealistic Expectations

Are You Thinking About Divorce?

3 Tips on How to Negotiate During Divorce

How to Negotiate During Divorce

3 Tips on How to Negotiate During Divorce

Divorce Negotiation Tip #1: Separate What You Need From What You Want

Divorce Negotiation Tip #2: Separate Your Emotions From the Facts

Divorce Negotiation Tip #3: Stay Flexible

Do You Need to Talk to an Attorney About Negotiating With Your Spouse?

How to Have a “Successful” Divorce

How to Have a Successful Divorce

How to Talk to Your Spouse About Having a Collaborative Divorce

Should You Simply Give In to Your Spouse?

What if Your Spouse is Combative Instead of Cooperative?

Do You Need to Talk to a Stockton Divorce Lawyer?