How to start a divorce.

How to start a divorce should be planned after you have given very careful consideration to your emotional, financial or physical problems. If you are sure that divorce is the best solution, then you might be ready to prepare for your divorce.

Divorce does not always follow rule “earlier start, earlier finish”.

Before planning how to start a divorce, you should determine the best time to begin.
If you begin a divorce when your spouse is not ready, your premature start may significantly delay the whole process.

If you and your spouse don’t have much property, no children and no spousal support at issues, you can proceed with an uncontested divorce without regard for timeline.

However, if you have any of the following; it would be wise to plan a strategy how to start a divorce in the right time.

• Real Estate
• Personal property
• Retirement savings
• Investments such as stocks or bonds
• Businesses which are subject to the division by the court
• Child custody/child support issues

How to use an attorney as your resource to start a divorce.

When considering, how to start a divorce, the first question to answer is “should I see an attorney or start the divorce process myself”. There is a possibility that in your situation it might be more practical to do the divorce without retaining an attorney. We have an article about it in our website.

If you are unsure that you understand your rights and obligations an attorney might be a valuable resources in learning how and when how to start a divorce. Be sure to prepare for a consultation in order to make your visit with your attorney will help you gather as much information as possible about the process, and how to protect yourself.

Part of planning how to start a divorce, is planning when and how to  tell your spouse that you want a divorce. The last thing you want to do is to surprise your spouse by having someone to serve them with divorce papers saying they are being sued. Such news may shock, anger and sadden them into a state where they will not be cooperative. It is usually better to talk openly and honestly about the divorce before filing the first set of documents in order to proceed with an amicable, uncontested divorce. You have to find a good place and good time to talk with your spouse about it. Be nice, polite and most important, patient. That means let them think about the terms of your divorce, let them think about the terms of your proposal regarding child custody, visitation, child support, spousal support and property division. You and your spouse  might be on a different emotional timeline, if you pushed too fast, your spouse may not be able to make a decision.

If you know your spouse will be hostile when you are planning how to start a divorce.

If you anticipate that your divorce will be a “war”, your plan for how to start a divorce should start with gathering and copying bank account statements, tax returns, credit card statements, paycheck stubs, mortgage statements, retirement account statements, life insurance policies, auto insurance policies and so on. It may also be a good idea to find your birth certificate, social security card, passport and other important documents to be sure it is under your control.

How to start a divorce paperwork.

The first set of documents for a divorce is a summons and petition.

In the summons, you notify your  spouse that you have started the divorce and she/he has 30 days to respond. The most important part of this document is a notice/restraining-order against both spouses on the second page of the summons. There are four main restrictions mentioned in the restraining order:

1. You and your spouse cannot take the kids of this marriage from the state of CA  without the written consent of the other spouse.
2. Husband and wife cannot cancel or change any life, auto, health and other insurance until the process is over.
3. The spouses cannot encumber, dispose, transfer real and personal properties without written permission except for life necessities.
4. Create a non-probate transfer.

Petition is the factual basis of the divorce with the request that petitioner makes to the court regarding division of property, child custody-visitation, child and spousal support.

If you are planning how to start a divorce doing it “in pro per” (without attorney or paralegal supervision), be sure you satisfy residency requirements. You have to include the statistical information such as date of marriage and date of separation as well.

For the information regarding the following steps of a divorce, please visit our page Divorce Proceedings.

Helpful resources for you on the topic how to start a divorce are:

Form FL-110, Summons 

Form FL-100, Petition

Initiating a divorce requires planning and knowledge of the legal process that ensues. Being prepared and knowing what most assuredly lays ahead—either in a parting that is amicable or something that will most likely be heavily contested—is critical. The following is an extensive guide on how one can start addressing this question with diversified aspects and concerns that you may have.

Emotional and Financial Consideration

It is very important that before taking any legal steps, you had given much thought to the emotional, financial, and physical effects of a divorce in great detail. Such thoughtfulness would ensure that you make an informed decision, having known that it ends a relationship and its ripple effects to your personal and financial life. Timing Your Divorce

Determining the right timing for the beginning of the divorce process has a strategic advantage in this. Timing matters through the whole general process and in its end, depending on whether your spouse is unprepared, and when there is a specific consideration to be taken account of, like financial or parental ones.

For uncontested divorces, where mutual agreement on key issues exists, timing may be more flexible.

Consulting with an Attorney

A consultation with an attorney may give you a pretty good idea of what your rights and responsibilities are, and this may give you a great advantage when it comes to effectively commencing the divorce. Preparing for the consultation is very important. A prepared list of questions and concerns will help one to make the most of the time that would be spent with the legal professional.

Communicating with Your Spouse

The manner in which you inform your spouse about your decision to divorce can significantly influence the process.

“It encourages honest, open, and respectful conversations that may potentially bring a less acrimonious divorce, saving conflict not needed and negotiations on important subjects like children’s custody and support as well as property settlement.

Preparing for Contested Divorces

If on any side a bitter divorce is envisioned, then it would be ideal if preparatory measures are initiated early enough, even at the early stages, in order to get hold of some of the important financial documents and personal identifications. This will prepare you with information that is important and protects your interests, especially in matters of financial transparency.

Initiating Divorce Paperwork Divorce is initiated with the Petition (Form FL-100) and the Summons (Form FL-110) includes the form. The facts entailed in the Petition are those that are necessary for the granting of a divorce; issues pertaining to properties; and children’s custody, visitation, and support requests upon the Court. The Summons basically gives your spouse notice that there’s a divorce proceeding and contains some automatic temporary restraining orders that go into effect upon service of the Summons, which restrain both of you from making unilateral financial or custodial moves detrimental to the other party.

Residency Requirements

It includes ensuring all residency requirements are met that allow one to file for divorce within the jurisdiction. You should have stayed in the given state and even specific county for a period of time before filing for divorce.

Accessing Resources

These resources guide and help to make the process of divorce, including official forms and programs for rendering legal help, if necessary. They may, in this case, be useful resources not only for self-represent litigants but even for those who just want to enhance their knowledge in this area. Next Steps The next steps, after filing the initial paperwork, include serving your spouse with divorce papers, figuring out the issues at hand, and—if need be—going to a trial. Staying informed and seeking professional advice where and when needed will then be some guiding ways of treading these steps more effectively. Conclusion To institute the beginning of the divorce process is a very important decision in life, and much preparation should be done in regard to this, consideration of all the emotional and financial implications, timing, and strategy in style of communication. As you wade through these waters, some important things to do are getting to know basically what you might be in for during this very trying time—this legal process, maybe consulting some professionals, and having key documentation available that is very important to you.