How to prepare for divorce is a very broad question. In this article, we will emphasize attention mostly on the preparation for an uncontested, amicable divorce. However, some preparation is very general regardless of whether you have an uncontested or contested divorce and applicable in either of them. In some way how to prepare for divorce topic is a logical continuation of our previous blog post-divorce settlement.
How to prepare for divorce – GATHERING FACTS
We have discussed meeting with the client in last week’s post. After the first meeting with the client, the family law attorney should gather detailed facts from the client as the next step to resolving the issues in the divorce. Although the client is often the best source of information regarding all issues in the case, he or she may be unaware of the extent of his or her knowledge and insight regarding the issues.
The most efficient way for your attorney to gather information from you is to ask you to fill out a questionnaire on facts relevant to the case and to gather documents. The attorney should remind the client that considerable expense will be saved if each question is answered fully and accurately because the answers will ultimately form the basis for the disclosure required by Family Code 2100-2105.
If you are unsure about the answer to any questions, you should not hesitate to point that out to the attorney. The attorney should inform you that any document prepared for the client will be presented to the client in draft form for his or her review before signing.
How to prepare for divorce efficiently is a matter of how you can control yourself in a divorce stressful environment. Many clients are too anxious, uninformed, or disorganized to fill out a detailed questionnaire and should not be asked to do so. In this situation, the attorney’s initial fact-gathering may best be generated from the initial interview, coupled with limited tasks for the client to perform. For example, regarding the family residence, your family law attorney should ask you to provide the most recent mortgage statement, homeowners’ insurance statement, and property tax bill. Another example is credit card debt. Counsel should ask the client to provide, if possible, the most current statements for all credit card accounts, both joint and individual.
How to prepare for divorce – Developing Plan
Before the parties will be able to negotiate with each other, they must have substantial information regarding the issues in dispute. Their attorneys have a duty to collect and assess all relevant information to help them do so. Most attorneys begin with a discovery plan that identifies the information required and the potential sources and methods for obtaining it. This plan may contain elements of both formal and informal discovery.
The fair market value of a community residence. Each attorney may retain his or her own expert or the attorneys may agree to jointly hire the same valuation expert. One or both parties may want to use a recent appraisal, e.g., by a financing institution as part of a refinancing process. Some parties and attorneys may prefer to use real estate brokers or salespeople rather than certified appraisers; however, they should bear in mind that, if a negotiated settlement cannot be reached, the appraiser or broker must be able to testify and be cross-examined regarding his or her opinion at trial. A party also may offer a personal opinion on the value of his or her own residence at trial, but he or she must provide a foundation for that opinion, “of a type that reasonably may be relied upon by an expert in forming an opinion as to the value of property.” The value of a sole proprietorship. The type of professionals to be selected to determine the value of the business are, e.g., a certified public accountant, a business broker, a business appraiser, or a forensic CPA who specializes in divorce litigation.
Under California law, preparing for a divorce involves several specific considerations due to the state’s unique legal requirements:
Community Property Implications
- Asset and Debt Inventory: California is a community property state, meaning assets and debts acquired during the marriage are typically divided equally. Prepare a detailed list of all assets and liabilities, including real estate, bank accounts, retirement accounts, and personal property.
- Separate Property Identification: Determine what qualifies as separate property, such as assets owned before marriage or inheritances and gifts received individually, which are not subject to division.
Mandatory Financial Disclosures
- Preliminary Declarations: Both parties are required to exchange preliminary financial disclosures, detailing income, expenses, assets, and debts.
- Final Declarations: Before the divorce is finalized, final declarations of disclosure must be exchanged unless both parties mutually waive this requirement.
Child Custody and Support
- Best Interests of the Child: California courts prioritize the child’s best interests when determining custody arrangements.
- Parenting Plan Development: Consider proposing a parenting plan that outlines custody schedules, decision-making responsibilities, and communication methods.
- Child Support Guidelines: Familiarize yourself with California’s child support calculation, which considers both parents’ incomes and the amount of time each parent spends with the child.
Spousal Support Considerations
- Temporary vs. Permanent Support: Understand the difference between temporary spousal support (ordered during the divorce process) and permanent support (ordered at the conclusion).
- Factors Influencing Support: Be aware that the court considers factors like the length of the marriage, each party’s earning capacity, and standard of living during the marriage.
Residency Requirements
- Meeting Legal Criteria: Ensure you or your spouse have lived in California for at least six months and in the county where you plan to file for at least three months.
Alternative Dispute Resolution
- Mediation and Collaboration: Explore mediation or collaborative divorce as cost-effective and less adversarial alternatives to court proceedings.
- Settlement Agreements: Be open to negotiating terms directly with your spouse to reach a mutually agreeable settlement.
Legal Documentation and Procedures
- Filing the Petition: Prepare and file a Petition for Dissolution of Marriage with the appropriate California Superior Court.
- Service of Process: Follow legal requirements for serving divorce papers to your spouse.
- Response Deadlines: Be mindful of the 30-day window for your spouse to respond after being served.
Consulting Legal Professionals
- Retain a Family Law Attorney: Given the complexities of California divorce law, securing an experienced attorney can help protect your interests.
- Understand Legal Rights: Gain clarity on your legal rights regarding property division, support obligations, and custody arrangements.
Financial Planning
- Budget Adjustment: Anticipate changes in your financial situation and adjust your budget accordingly.
- Credit Protection: Consider closing joint credit accounts and opening individual accounts to protect your credit score.
Emotional Preparedness
- Support Systems: Utilize counseling services or support groups to manage the emotional stress of divorce.
- Communication Strategies: Develop effective communication methods with your spouse, especially if children are involved.
Court Compliance
- Stay Informed: Keep abreast of all court dates and required appearances.
- Document Submission: Ensure all paperwork is completed accurately and submitted on time to avoid delays.
By focusing on these California-specific guidelines, you can better navigate the divorce process, ensuring compliance with state laws and protecting your personal and financial well-being.
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