Redondo Beach divorce lawyers
Your divorce lawyer will handle the more complicated issues related to your divorce. You can help them by understanding how the process of divorce works in California and by taking quick and decisive steps to protect yourself and your children.
Here are the steps of getting a divorce in California and a few tips to help you along the way:
1. Protecting your rights and interests
If you have small children, you should not leave them to go live somewhere else. Moving out of the house and leaving your kids with your spouse will weaken your claim to custody. If you are primary care giver, then you should remain in the house with your children. If it is impossible for you and your spouse to live together, even for the sake of the kids, then you should ask them to move elsewhere. This is the best way to keep the kids in school and retain a semblance of stability in their lives.
You should also cancel all joint credit cards. You may think you know your spouse, but divorce can make even the most reasonable people do cruel and absurd things. The last thing you want is to be stuck with a large credit card debt because your spouse ran it up out of spite.
You should also seek a court order that prevents the disposal of assets such as houses and investments. As a precaution, you may want to take half the money in your joint bank account and put it into a personal account. If you and your spouse can work out how much money needs to be in the account to pay bills, then you can put some of this back.
2. Verify that you meet the residency requirements
To file for divorce in California, you or your spouse must be legally resident in the state for six months.
3. Secure important documents
You are breaking up your home, and you should start by securing your most important documents. Gather banking statements, mortgage and loan documents, credit card statements, tax returns, property deeds, W-2 forms, and the like and put them in a secure place. You should also know your spouse’s Social Security Number and driver’s license number.
5. Get your finances in order
You should cut back on all expenditures. You may need to support yourself and your children as you go through the divorce. If you do not have any independent income, you may need to request temporary spousal support and child support. Your attorney can help you fill out the forms necessary, and they will represent you before the court.
6. Decide whether to go for a summary dissolution of marriage
It is possible to settle matters quickly with a summary procedure if you have been married for very little time and have no children. To qualify, you must meet the following criteria:
-You and your spouse agree to the divorce and the summary dissolution of marriage
-You have no children
-You were not married more than five years before separating
-You don’t own any real estate
-There are no debts over $6,000 other than car loans
-Your marital estate is valued at less than $41,000
-You and your spouse have worked out an agreement dividing property and debt
-You both waive your right so spousal support
6. File the required forms
There will be a great many forms to fill out as you go through the divorce. Your attorney will help you sort through them, fill them out, and file them in a timely manner.
7. Notify your spouse
Your spouse must receive proper notice of the divorce.
8. Attend court hearings
In the end, all final arrangements must be approved by a family court judge. If you need to attend any hearings, your attorney will ensure that you are on time and that you have the information the judge will request of you.
If you are seeking sole custody of your children, the judge will need to see evidence that proves your spouse is unfit to parent your children. Your attorney can help you gather and present such evidence. You should not attempt to keep your children from your spouse until the judge has made a final ruling. The judge will not look kindly on such a move, and acting precipitously could endanger your own efforts at custody.
You should listen to and take the advice of your attorney. They will ensure that you take the right steps to get the best outcome for you and your children.