What is the process for getting a divorce in California? Each state has their own set of rules for divorce. Some states are easier than others and some divide of children and property completely different. Read cautiously on the internet about divorce advice because what happens in one state does not always happen in the other.
Here are the basics of what to expect in California.
- Any spouse may file a petition at a local courthouse, it does not have to be mutual
- The petition is then served to your spouse, and they have 30 days to respond
- If your spouse does not respond then you file a judgment claiming whatever you want
- If your spouse responds then you start a discovery of assets
- At this point ether spouse can file an order to show cause and make temporary orders for child custody, visitation, support, attorney fees and other items
- If both of you can agree on a settlement of all assets, custody and support then a Marital Settlement Agreement is filed and 6 months later your done!
- If you cannot agree on all or some assets, custody or support then your case goes to trial. You and your spouse prepare evidence against each other and later plead your case to the judge who makes the final judgment of anything you cannot agree on.
That is a divorce in a nutshell, however the actual process of going through the divorce seems to take forever and it comes with a lot of heartache, stress and emotions. Especially when you don’t agree on child custody.
Here Is What You Didn’t Expect
- Getting locked out of your home
- Closing The Bank Accounts
- Cancelling the Credit Cards
- Hiding The Cars
- Hiding Money and Assets
- Alienating Your Children
- Moving Away
- Calling You Names
- Insane Fights About Nothing
- Excessive Lawyer Bills
- Evaluations You Didn’t Even Knew Existed
- Drug Evaluations
- Home Evaluations
- Your Past Coming To Haunt You
My point is that divorce is simple but our spouses make the divorce process crazy and insane. Divorce comes with a lot of heartache and pain just to go your separate ways. If you are prepared you could lose lots including your home, finances, credit and even your children.
Be Prepared For Divorce In California
That means make sure you have proper representation to ensure you are not taken advantage of from the start. If you want the upper hand make sure your lawyer is calling the shots, forcing your spouse to jump through hoops to fight for what he wants. There are many dirty tactics you can play and your spouse can play. You must be prepared legally to fight for your rights and your belonging
Educate Yourself About Divorce In California
Here is a little secret that most people going through a divorce learn the hard way. Lawyers only represent you. They do not brainstorm and mastermind how to get you everything you want and how to make your spouse’s life miserable in the process, unless you have the cash to back it up. You have to do that on your own, which means you need to learn some basic divorce strategies.
Have your lawyer implement what you learn and what you want to accomplish and never wait on the sideline for you lawyer to come around and fight for you. If it were up to them, they just want you to fork over $5k and sign on the dotted line. Defend yourself, get really good representation, and educate yourself on divorce can and cannot do’s. First thing first is to get a free consultation with an attorney familiar with divorce and child custody in your court district.
