Filing for divorce in California is an involved process that includes several steps. Learn more about our tips for filing for divorce in California.
How Do I Prepare For A Divorce In California?
Before you file for divorce, there are a few things that you’ll want to do. First, be sure that you want to get a divorce. Some couples go through rough patches, and a divorce is a huge decision. So make sure it’s what you want.
If you’ve decided that a divorce is your best option, make sure you understand your marital estate (everything you and your partner jointly own) and plan ahead financially. You should also consider your partner’s disposition. Is the divorce a mutual decision, or is it gearing up to be an all-out war? If you and your partner are on good terms, consider settling your divorce outside of court.
Is It Better To File First For Divorce In California?
If you think you’re going to get an advantage by filing for divorce before your partner does, think again. California is a no-fault divorce state, so the court doesn’t really care which partner filed first. However, filing for divorce first may be advantageous if you and your partner live in different states since the person who files (the petitioner) and serves it determines where the case will be heard. Additionally, filing first in a custody matter may be advantageous if you have serious custody concerns.
Steps For Filing For Divorce In California
If you’re prepared to file for divorce and have decided who is going to file first, here are seven steps to filing for divorce in California:
- Prepare and organize your financial and family documents. Divorces often require a lot of documentation to help the court arrive at a decision.
- Discuss a custody plan if you have children. If you have children, you and your spouse will need to discuss custody arrangements or be prepared to fight for custody.
- Make living arrangements. If you and your spouse live together, one of you may need to move out. Figure out who that will be and where they’ll go.
- Discuss potential real estate plan. Discuss plan options so as not to violate any automatic restraining orders.
- Educate yourself on spousal support. In California, a marriage of over ten years is considered a marriage of long duration. This could mean that someone will need to pay spousal support for an extended time.
- Notify your spouse. Your spouse will need to be served after you file.
- Settle your divorce or go to court. You can choose to settle your divorce outside of court if you and your partner want to keep things civil, private, and quick.
Schedule A Consultation
At Bloom & Rudibaugh, we have an experienced team of family law attorneys who hold expertise in all aspects of California family law. We are prepared to help you successfully file for your divorce. Call our Hemet Law Office today at 951-652-1400 or our Murrieta/Temecula office at 951-296-5360 to schedule a consultation with one of our family lawyers.