5 Steps to Take Before Formally Filing for a California Divorce

When considering filing for a divorce in California, setting yourself up for success right from the start is crucial. You might want to take a few important steps before you file. A knowledgeable California family law attorney who is familiar with divorce matters like yours can be invaluable throughout the entire process.

What Five Steps Should I Take Before I Formally File for a California Divorce?

There are many factors to take into account when you want to end your marriage. Before filing for divorce in California, consider taking these steps.

1. Don’t Threaten a Divorce Until You’re Actually Ready to Formally File

In California, taking the time to organize and plan before formally filing for divorce is important. When you have your affairs in order, you can be in a better position to move forward with a divorce. Taking a moment to organize your life allows you to take some time before formally dissolving your relationship. It also allows you the time to consider all formal options that might be available, including divorce, legal separation, and annulment.

A divorce formally and legally ends a marriage. A legal separation allows a couple to stay married while they live apart. An annulment ends a domestic partnership or a marriage when the relationship has a legal defect at the start of it, such as fraud, unsound mind, etc.

It can be helpful to make sure you have enough funds to pay for necessary expenses for yourself for several months. Some spouses are ruthless when a divorce is initiated and might try to cut off your financial resources. You might regret not giving yourself some form of financial security before you formally dissolve your relationship.

A lawyer can help get financial support during your dissolution proceedings, but that can sometimes take time to get set up. A seasoned attorney can further discuss the most advantageous time for you to file for divorce.

2. Sort And Organize Relevant Financial Documents

If you decide to retain an attorney, having your important documents in order can save you time and money, as the lawyer won’t have to spend time organizing everything. Gather your important documents and make copies of everything if you can. You may want to find your last few tax returns, bank statements, retirement account documents, documents for life insurance policies, documents for your credit cards, family trust information, etc.

You might want to find as much information as possible if your spouse is self-employed. Ensure you know where your family’s identification documents are, including passports.

Providing copies of financial information can be helpful, especially if you can gather this documentation before you formally file for divorce. Your attorney can get a clear picture of your household assets before anything changes during the formal proceedings.

3. Remain With Your Children in Your House

Unless there’s a reason to separate quickly because of a dangerous situation, it’s important to stay with your children until you’ve thought about a parenting plan. You may want to demonstrate to a court that you’re fully invested in your children’s lives and have continuously provided stable care for them.

A well-informed California attorney can discuss how to parent through a divorce and what a formal custody plan might look like once the marriage is formally dissolved.

4. Remain Courteous and Treat Your Spouse With Respect

Remain civil and treat your current spouse and their immediate family with respect. You may have family obligations with your spouse and their family in the near future. Verbalized or written statements can be used against you during your divorce proceedings.

Ending a marriage can be an overwhelming experience, but you can get through the proceedings and become stronger during the process. An attorney can provide invaluable help.   

5. Retain the Most Knowledgeable and Experienced Legal Team You Can

Retaining an attorney is an important decision. It’s important to research whether the attorney you’re considering has the knowledge and level of experience to help with your divorce case. You should feel comfortable when you ask questions at an initial consultation, and they should provide their fee agreement in writing before you formally hire them.

In general, if you’re considering a divorce, seeking counsel from a legal professional to address your specific situation and consider all available options is recommended.

FAQs

Q: How Much Does a Divorce Attorney Cost in California?

A: In California, the cost of hiring a family law attorney for a divorce case varies. Each individual attorney’s fee agreement typically depends on the complexity of the case and the attorney’s experience handling similar cases. When considering retaining a family law attorney for your divorce, it’s important to discuss their fee agreement at an initial consultation and review a written copy.

Q: How Long Does a Divorce Take in California?

A: The length of time it takes to resolve a divorce matter varies depending on whether the divorce is contested, relevant state laws, the court’s schedule, and whether both parties agree to the terms. Uncontested divorces can take less time, and contested divorces can take longer, mainly if one spouse doesn’t agree with a certain term of the divorce.
An experienced family law attorney can help estimate the time frame you might expect in your individual circumstances.

Q: What Is Decided in a California Divorce?

A: Generally, there are specific decisions that must be made in a California divorce:

• Child custody and child support
• Division of the couple’s debts
• Division of any marital property
• Spousal support payments, in some cases

An attorney can answer questions you might have and tailor their arguments to comprehensively support you during your divorce case.

Q: Can My Spouse Pay My Attorney Fees in California?

A: In California, there are several laws that permit judges to award attorney fees during divorce proceedings. These awards can be allowed during or after a divorce trial. Whether you are eligible for or awarded attorney fees typically depends on the details of your individual case, which is important to discuss with a knowledgeable family law attorney.

Bickford Blado & Botros: Experienced California Attorneys for Your California Divorce

The attorneys at the law firm of Bickford Blado & Botros can discuss your specific California divorce case and compassionately represent your interests. Contact us today to set up an initial consultation to discuss your divorce goals.

 

Feel Free to Contact Our Office with Any Questions

858-793-8884