Marriage is a personal and intimate relationship, and divorce is an emotional process. Unfortunately, divorce is also a complicated legal process. All the following steps will be a lot easier if you have a divorce lawyer in San Mateo to help you. An experienced family law attorney can help you meet deadlines, properly submit all paperwork, make objective decisions, and get through this process as quickly and smoothly as possible.
From a Divorce Lawyer in San Mateo: The Legal Steps to California Divorce
Determine Residency
The first step to filing for divorce in California is to be certain that either you or your spouse are legal resident of both the state and also of whichever county you intend to file in.
Fill Out the Initial Forms
The first two forms are the Summons (FL-110) and Petition (FL-100). The first is the notice for your spouse: even if your divorce is amicable and you both want it, one person has to initiate the process by actually filing. This document also sets the Standard Family Law Restraining Orders which will govern the behavior of both parties until the divorces actually over. These orders stop you and your spouse from doing things like removing your kids from California, making any changes to insurance, transferring or concealing any property, and more.
The other form is your actual petition for divorce that lists the facts that the judge will need. Most of this is statistical information like where you live, when you got married, and your general position on all the major issues like property division, spousal support, etc. If you have minor children from the marriage, there will be more forms you’ll need to fill out.
File and Pay Your Fees
With all your forms correctly filled out, you then file them with the court and pay fees. You’ll have to deliver the papers to the local courthouse and file them with the family law clerk’s office, which can be a difficult process in itself. Many counties have several courthouses, and you have to find the right one. You must have multiple copies of every filing, and each must be double hole punched.
Serve the Divorce Papers
Once you have filed, you now must legally “serve” your spouse. If they don’t receive all the documents in one of the legally authorized ways, then your spouse will not be obligated to obey the Standard Family Law Restraining Orders and the divorce can’t go forward.
While any adult who is not involved in the case – so not you – may serve these papers, it’s almost always best to have a professional involved to make sure it’s done absolutely correctly. Plus, if your spouse is not expecting the divorce, you don’t know exactly how they’re going to react. If you have a volatile spouse, having the local sheriffs office take care of it can be the best way to go about it. If your spouse is expecting it and also wants a divorce, serving them by certified mail is quick and easy.
Get Temporary Orders
In California, you can’t get divorced faster than six months by law. However, the court does allow you to put in place some temporary orders that can govern family relationships and protect assets while you go through the divorce process. These orders will remain in place until you get a permanent judgment during the divorce itself. You might want to seek temporary orders regarding child custody, child support, use of property, etc. Your divorce lawyer in San Mateo will help you understand what orders you need and how to properly request them.
Getting your temporary orders filed is the same sort of process as your original filing, and you will also have to serve these orders to your spouse. You may also wish to file specifically for custody, and if you do so, you will need to attend Child Custody Recommending Counseling (CCRC). This is a type of mediation that most counties set up, and the idea is to provide a neutral space where parents can discuss their children’s needs and work out any disputes with a counselor or therapist.
If you and your spouse can come to agreements through these sessions, you may not have to go to court at all to deal with issues of custody and visitation. This is usually best, as it allows you and your spouse to stay in control of your family life. You should also be aware that you can get an emergency request for temporary orders, but you will need to be able to convince the court that there is a genuine emergency.
Prepare Your Financial Disclosures
The next step in the process is another set of forms that list out all your assets, debts, income, and expenses. You will not just be giving numbers but also explanations of who owns each asset, who owes each debt, exactly when any property or debt was acquired, and proof for all of it in the form of things like your income tax returns, bank statements, vehicle and property titles, credit card statements, paycheck stubs, insurance policy information, and much more.
You must also format each one perfectly, serve it all to your spouse, and get it all right to avoid having any issues. The court will use all this information to properly calculate property division, child support, and potentially spousal support issues, so if either spouse is believed to have done anything the interferes with the ability to get a fair outcome, there can be serious consequences.
Go Through Discovery
Discovery is a time where you and your spouse are permitted to seek specific information about each other if you need to do so to strengthen your case. You may request that certain documents be provided, submit interrogatories (which are written questions that you and your spouse must answer honestly under penalty of perjury), and more. Ask your family law attorney for more about what will be specifically helpful to your case.
Settle the Case
A settlement would mean that you and your spouse can completely agree on all issues. If you are able to do this, then the final judgment from the judge will simply put a stamp of approval on the terms you have already agreed to. Settlements always involve a degree of compromise, but they are often also the easiest and fastest way to move on with your life. A good family law attorney can not only advise you on your settlement terms but also negotiate for you and provide a buffer between you and your spouse so that it’s easier to discuss difficult things.
Trial
Of course, in some cases, a settlement is not possible. When that happens, the case will go to trial. Most of the time, the court will not allow a trial date to be set until every possible settlement option has been tried first. However, you can ask for a trial at the outset, and if your spouse is being openly hostile, or there are issues of domestic violence, the court will likely allow you to go to trial quickly.
If you are thinking about getting a divorce, the first step should be contacting an experienced family law attorney. Reach out to us at Seeley Family Law today for compassionate and skilled help.