The divorce process in California is the most complicated legal process you will deal with. You have to deal with complex laws and procedures and judges and lawyers in various stages of the divorce process. You also have to deal with the uncertainty of the entire process since nothing is usually guaranteed. Some legal terms will make it even more difficult, especially if this is your first time going through a similar process.
However, understanding the entire process and knowing what to expect at each process can relieve your stress and make the whole process manageable. The process will no longer be as frightening or overwhelming as initially seemed. A skilled divorce lawyer can break it down for you to ensure you understand all the steps of the divorce process and the main keys. Here are the key steps you will encounter during the divorce process and what each step entails:
Filing The Divorce Petition
A divorce is not a decision you make after realizing your marriage is not working as it should. It takes a long time for one or both partners to agree to a divorce. Thus, filing a divorce petition will happen after you have weighed all your options and realized that divorce is the only way out of your marriage. It should also occur after trying all other solutions to help your situation without success.
Once you decide to end your marriage, you must prepare to file a petition in a divorce court. One partner (the petitioner) will file the petition with the Superior Court in a county with jurisdiction to handle the case. The petition will provide details about the petitioner and their reasons for seeking the court’s help to annul their marriage. It will also include essential information about the marriage, including the date they married, separated, and whether the marriage has a child or children.
The petitioner must also mention the community and separate properties in their marriage, key issues of child custody, spouse support, and child support, and what they want to meet their attorney’s fee, whether sanctions or need-based fees. They could also mention how they intend to cover other costs in the divorce process.
The petition must be detailed enough to provide all the information the judge needs to grant or deny the request.
Serving The Divorce Petition
Once you file a divorce petition in a family court, you must serve your partner (the respondent) with the petition to notify them of the divorce process. The petition should be accompanied by a summon from the court, which provides information like the date and details of the process. The court could also offer other forms that you must serve your partner alongside the petition. There are guidelines when serving a divorce petition to your partner. For example, you must ensure the respondent receives the papers in person so that they can respond to the notice within the given deadline.
However, this could be tricky if the respondent does not live in the same town, county, or state as you (the petitioner). In this case, the law allows you to mail the papers to them, with a form requiring them to acknowledge receipt once they receive the papers. You can also send the papers by certified mail with a return receipt to ensure the respondent receives the documents.
Acknowledging receipt of a divorce notice is a legal requirement for respondents. This is what kick-starts the divorce process. If you do not have a printed acknowledgment, you can include a blank form in the petition for the respondent to reply to the serving. Courts allow respondents up to thirty days to respond to the petition.
Financial Disclosure
This is the step at which the petitioner and respondent exchange financial information to determine their expenses, income, debts, and assets. Both parties must provide truthful details of their financial position, resources, and future needs. This means that you must meet your partner for this exchange. You can ask your divorce attorney if you need someone to accompany you for this meeting. They will advise you on conducting the process to avoid making regrettable mistakes or compromising your situation.
If there is a need for a financial remedy proceeding, you will file the necessary documents with the family court after the disclosure. The disclosure ensures that you both understand each other’s financial position. The information gathered during this disclosure can also help you reach a fair settlement.
The family court judge will order this disclosure once the divorce process starts. However, you can consider doing it before filing the divorce petition to see if you can reach a fair agreement without the judge’s intervention. You will save time and money when you do this.
It helps to have your partner’s complete financial information to make critical decisions during the divorce process. For example, it will be difficult to settle the divorce if you do not know that your partner can support themselves or what you will do for your financial needs. Remember that finances in a divorce settlement must be divided fairly. Thus, both partners owe each other a duty to provide complete and open disclosure.
Issuance of Temporary Court Orders
While some marriages end amicably after a peaceful agreement between partners, others do not. How you approach your divorce will depend on your understanding of your partner. When you are on the same page about your failed marriage, it will be easy to discuss and settle some matters before a court’s intervention. For example, you can agree on the partner who should have custody, pay child support, and how child visitation should be. This is easy to settle with the assistance of your divorce attorney.
However, it will be difficult to agree on anything if you are still a loggerhead with your partner. In that case, you will need a court’s intervention to compel your partner to take some responsibility. For example, you can request a court order to compel your partner to pay child support, to allow you to have custody of your children, to pay alimony and attorney fees, and anything else you need before the final settlement.
The judge will issue a temporary court order after reviewing your case. The order will be in effect pending the determination of your case, after which the judge will issue a permanent order on critical matters. You and your partner can face legal penalties for violating the temporary court orders.
Negotiations and Settlement
Not all divorce cases end up in family court. Some couples choose to negotiate and settle their divorce out of court with the guidance and support of their divorce attorney. You can try negotiating with your partner before allowing the court to decide your case. Doing this will save time and money and open a leeway for future adjustments if one or both of your situations change.
Suppose you decide to negotiate and settle with your partner. In that case, your attorneys will draw a settlement document detailing critical matters you must agree on, including child custody, support, visitation, alimony, and property division. Your attorneys will present your interests during the negotiation and fugue you into agreeing to what will benefit you and your children.
Negotiations and settlements are challenging, especially if you do not agree on some matters. You can settle some issues and not others, necessitating a court’s intervention for a fair settlement. Your attorneys can draw a judgment on the issues you have agreed to and present it to the court. The court will review the settlement and handle the issues you cannot settle. This will make the court’s process easy and quick.
A skilled attorney will propose an out-of-court negotiation and settlement before the court process. They will only file your petition in court if you cannot agree on anything or some critical issues.
The Divorce Trial
You proceed to trial if you cannot settle everything out of court. Your divorce attorney will prepare and file the necessary documents to prepare you for the trial. They will tell you what to expect, how to answer questions, what to do and not do during the trial, and the proper defenses to use for a favorable outcome.
A divorce trial is challenging without adequate legal help. Thus, ensure you have an attorney for guidance and advice before the trial. Your attorney will help you navigate the court processes successfully. They will also represent you in court and defend your rights and interests.
Your divorce trial will be a public proceeding that anyone can attend. However, you can choose a private judge or commissioner if you care about your privacy. You will undergo a pretrial conference to ensure you're ready for the trial. The pretrial ensures you understand the ground rules. It also allows you the opportunity to exchange trial documents.
During the trial, the judge will allow you and your partner to present your petition with the assistance of your attorney. They will also discuss the key issues, including child custody, support, alimony, visitation, and property division. You must be prepared for the trial to ensure it serves your best interests. Some of the ways you can prepare yourself for the divorce trial are:
- Organizing and reviewing your divorce papers and supporting documents to familiarize yourself with critical information
- Subpoenaing witnesses and anyone else that would like to speak for you
- Preparing questions and clarifications for your partner and witnesses
- Preparing your testimony and statement
- Preparing a trial brief, a witness list, and an exhibit list
- Preparing your opening and closing arguments
Filing an Appeal
Judges consider several factors when determining a divorce case. The strength of your case plays a critical role in how the judge will rule your divorce. A favorable outcome is not always guaranteed because your partner will fight for their best interest. Once the judge gives the final ruling, you must abide by it. However, the judge’s ruling in divorce cases is usually not permanent. You can appeal the case if you are unsatisfied with its outcome.
For example, if you are required to pay more child support than you can afford or you lose child custody or visitation rights, your attorney can file an appeal on your behalf. Your attorney will take your unsettled issues to a higher court by filing an appeal. This allows you another chance to fight for your best interests. The court will review the matter, the family court’s judge's final ruling, and any additional evidence you have gathered after the appeal to rule.
To file an appeal, your attorney must discuss the issues you must appeal from your divorce ruling. They will then file a notice of appeal with the family and appellate courts before preparing and filing the required documents. After filing the case, your attorney will prepare you for the hearings and await the final judgment.
The Main Issues in the California Divorce Process You Should Know About
The divorce process is usually complex because of these three key issues that you must settle with your partner outside the court or with the assistance of a family court attorney:
Child Support and Custody
Divorcing your partner is not simply separating yourself from them. There are underlying matters you must settle for the divorce to succeed, especially when children are involved. Remember that the children belong to both partners. Thus, issues about the children must be discussed and ruled on fairly for both partners.
Child custody matters are usually tricky, especially when both partners want to keep the child or children after a divorce. However, the court must decide the most suitable person to have custody of. Typically, judges determine the child’s best interests in this matter.
If one partner is granted custody of the children, the judge can order the other one to pay child support to ensure the child/children are well cared for. Child support is necessary if the custodial parent does not earn enough money to care for all the children’s needs. In this case, the court will decide how, when, and how much the other parent must pay for child support.
Property Division
The couple must also discuss property division to ensure that the settlement is favorable for both and not one partner. The court determines personal property and marital property to settle this critical issue. While partners can keep their separate property (what was acquired before the marriage), they must divide community property (what was obtained after the marriage). Partners are encouraged to disclose all their assets, debts, and income to ensure fair settlement.
California is typically a community property state. In most divorce cases, anything the couple acquired during the marriage, including debts and assets, is considered community property. The couple can divide it fairly in an amicable out-of-court settlement or seek the court’s help to determine who should keep what property after the divorce.
Spousal Support or Alimony
Family courts in California advocate for partners to maintain the same or a better lifestyle they enjoyed during the marriage after a divorce. However, this could be a challenge if one partner is unemployed or does not make enough money to support their necessities. In this case, the court will order the financially stable partner to pay alimony or spousal support to ensure the low-income partner can care for themselves after the divorce.
This is a critical issue in a divorce, especially when the marriage does not end amicably. If you are still fighting with your partner, agreeing to support their financial needs will be difficult, or vice versa. However, the court must determine the need for spousal support and issue a court order that the high-income partner must abide by for life or a given period.
Remember that a family court’s final ruling on divorce is usually not final. If you are unhappy, you can appeal the judge’s decision within 30 days of the final ruling. Alternatively, you can file for the adjustment of the divorce agreement after some time if your situation or your partner’s situation changes. For example, if you were ordered to pay alimony and your partner finds a job that supports their lifestyle, or you lose your job, the judge can adjust the agreement. Your divorce attorney will petition the court and present your interests for a favorable adjustment.
Find a Qualified Divorce Attorney Near Me
Divorce processes in California are lengthy and complex and can be challenging to navigate independently. However, you can seek the assistance of a skilled divorce attorney to ensure you understand the processes involved and the requirements and to fight for a favorable outcome. They will also offer support and legal representation and fight for your best interests.
If you are filing for a divorce in San Diego, we can smoothen your complex legal processes at San Diego Divorce Attorney. We will help you understand the critical issues in a California divorce and the steps you will likely take before the final ruling. Call us at 858-529-5150 to learn more about us and our services.
