What Happens When You File For Divorce

What Happens When You File For Divorce – Divorce sounds scary and ominous. Although dissolution of marriage is a relief, divorce is still scary. An uncertain future, complications full of legal discussions, frequent arguments with your husband and appearing in court, all this is scary. But it shouldn’t be. Come with us as we break down the steps to divorce in California.

Often, when tackling a large undertaking, breaking down a large task into smaller increments seems too small. That way you can take one step at a time instead of looking at the big picture.

What Happens When You File For Divorce

Before you can file for divorce in California, you need to figure out where to file. One party, whether you or your spouse, must have resided in the state for at least the past six months.

Steps To Filing For Divorce In California

At the county level, one of you must have lived in a particular county for at least three months.

If you and your soon-to-be-ex still live in the same place, this probably won’t be a problem. But, for example, if you leave a common marital home and move from Orange County to San Diego County, you must settle for a minimum amount of time before you can register.

California has a six-month waiting period for all divorces. This is the minimum time to finalize the divorce. It is possible to reach an agreement and approve the first document.

California, like other states, has a no-fault divorce practice. This means that there is no official fault assigned to either spouse for the termination of the marriage.

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One spouse can initiate things, go through the legal process, and finalize the divorce even if the other spouse refuses to cooperate or participate.

If a spouse refuses to participate, the case will go to trial and result in a default judgment.

The first person to file divorce papers in court is called the petitioner. The petitioner must fill a specific form and submit it to the employee. Depending on your situation, the forms vary.

The reasons for ending a marriage are often complex and painful, but as a practice, the first steps in divorce involve filing certain documents, filling out forms and paying fees.

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In California, the first step in a divorce revolves around serving a summons, petition for dissolution of marriage, and related forms.

You pay the court clerk a fee when they appear. It may be in your best interest to have a divorce attorney go over your paperwork first to make sure you’ve filled everything out correctly.

FL-100 – This is the form to start divorce proceedings. As the filing party, list all information related to your marriage, including children, dates, and assets.

Once you’ve completed and submitted the proper forms to the court in the appropriate county—where you live, not where you were married—the next step in the divorce is to serve your spouse.

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In this step of divorce, you present the documents to your husband and let him know your intentions. This lets them know officially and legally that you have asked for a divorce.

You cannot serve divorce papers in person. Summons and petitions must be returned by an outsider over 18 years of age.

This can be whatever suits the project, but in most cases, it’s in your best interest to use a registered process server.

FL-115 – Proof of Service of Summons, allows you to tell the court that you have notified your spouse.

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Once you serve your spouse or yourself, the respondent has 30 days to file an answer.

It takes the form of a formal response to a petition for dissolution and indicates that the other party plans to participate in the divorce proceedings.

During this step of the divorce, both parties complete a disclosure statement and exchange any relevant information.

A community property state, California views all property acquired during marriage as the equal property of both spouses. This doesn’t mean you split everything down the middle. The court divides the assets in a way that maintains the lifestyle both parties enjoyed during the marriage. That’s the goal anyway.

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A formal search follows a disclosure statement. How you look at this depends a lot on the specifics of your case. They may include interrogatories, husband-to-husband written requests or requests for documents.

Requests for access take the form of written questions asking a party to verify or deny certain information. Parties may also hold depositions or live question-and-answer sessions.

Intimate entanglement takes place throughout married life. The goal is to dissolve the divorce, but the process takes time. In this situation, the question often arises as to what to do in the meantime.

This is the step in divorce where you ask for temporary child custody, child support, spousal support orders and more.

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If a spouse wants an immediate order before finalizing the divorce, he can request it. By issuing an order to show cause, the court fixes a hearing schedule that must be resolved at the earliest.

There is no strict divorce step where you have to file an application for an order. When you initially get the ball, you can submit earlier in the process. In other cases, it may make sense to handle it later. As with many other things, it depends on the specific needs of your case.

If you and your spouse are on the same page, divorce can go relatively well. Especially in short marriages, those with no children and little in common. In an amicable divorce, working out the details can be a relatively easy step toward divorce.

There are three ways to reach a decision and finalize a divorce: settlement, default, or proceeding. Your path depends on whether your husband responds and whether you can come to an agreement on your own.

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A settlement is reached when both parties agree on the terms of the divorce. You can reach this on your own or through various methods such as mediation. This avoids the need for a lawsuit or other litigation.

Default occurs when your spouse fails to respond to initial service. When the other party fails, the case goes to trial where a judgment is obtained and the divorce becomes final. It’s a longer process with more steps, but that’s the gist.

If you and your ex cannot agree on your own, through mediation or any other means, a trial may be necessary. To finalize property division, custody arrangements, parenting plans, and all the other details of the divorce details, you will need to go before a judge and plead your case.

The court may order a mandatory settlement conference, where both parties meet to resolve the case. If both parties agree, a contract can be drawn up. In these cases, there are no further steps for divorce.

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Divorce becomes final six months after service, after proper forms are signed and submitted by the proper persons.

If you can’t reach a full agreement, the case will go to trial. Both sides present witnesses, evidence and even testimony to support their position in court. Finally, the judge decides on any disputed issue. Once adjudicated, after a waiting period, your divorce will become official.

This is what it feels like to sign and file the final documents. One of the last stages of divorce, you and yours are ready to complete and send a series of forms.

This includes the division of assets and debts, child custody, child and spousal support, and any other matters you both reach an agreement on.

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When you reach a final divorce agreement – you can do this on your own, with the help of a lawyer, or through mediation or trial – the court examines the documents, making sure you have everything in order and signs.

Once you complete this step, and with at least six months remaining from your original date of service, the dissolution of the marriage will become official. Congratulations, you are divorced.

Since each situation has its own unique circumstances, the steps for divorce vary from case to case. Without a hard formula, each situation develops in its own way, but this should give you a rough idea of ​​what to expect.

The more disputes, the more you and your spouse argue, the more complicated the divorce process becomes. Children, high-value assets, retirement benefits, and countless other factors muddy the waters.

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Even if you take the do-it-yourself approach, you may want to see a lawyer before filling out the form. This ensures that you fill out all the required forms and take all the right steps for the divorce.

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