It is always difficult to bring a marriage to an end, no matter how you approach it, but it can help to get through it if you know beforehand what to expect in a divorce. If you have even a basic knowledge of the different stages and procedures of divorce, it can really help you to prepare and make it a little easier to get through this difficult time. Here is a summary of what you can anticipate when applying for divorce in California.

Understanding the Stages of Divorce:

In California, the divorce process happens in several phases:

Preparations to file: If you intend to file for divorce, it is always best to plan for it. Start by speaking to your lawyer who will tell you what documents you will need and what other preparations you should make. 

Filing: Your lawyer will help you prepare all the necessary paperwork for your divorce. The most important forms needed are a Petition (FL-100) and Summons (FL-110). You may also need a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA or FL-105).

Serving the papers: Once your divorce papers are filed, the next step is for them to be served to your spouse. This gives your spouse notice that a case has been opened, and proper service is essential for moving the divorce process forward. The other spouse then has 30 calendar days to respond.

Financial disclosures: Next, both parties will have to provide financial disclosures, by filling in four forms – FL-140, FL-141, FL-142 and FL-150. These forms list all the assets, debts, income and expenses held by each partner.

Discovery: The next stage is the process of gathering relevant information from the respective spouses. This information will be included in the divorce proceedings. The parties and their lawyers are given 60 days for the discovery process.

Negotiation/ Mediation/ Possible settlement: Next, the parties can start to engage in discussions aimed at reaching a settlement. This could involve direct negotiation between the parties, or it could go to arbitration. Sometimes, a settlement can be attained at this stage, making it unnecessary to go to court.

Trial: If the two parties do not reach an agreement, the case will likely go to court, where a judge will rule on the final settlement.

Financial Implications of Divorce: Planning for the Future

Whenever spouses file for divorce, one of the biggest concerns is money. How much will it cost? Can I afford it? What will I be left with? California is a community property state that typically splits assets and debts gained during marriage in equal parts. There may be prenuptial or postnuptial agreements in place as well, which makes the process more complicated. However, these agreements can also help to ease the division of assets by giving clear stipulations as to how it is to be done. 

Key financial issues to expect include:

To prepare for these financial effects, it is necessary to collect all significant financial documents and seek legal counsel on your most suitable plan of action.

The Importance of Legal Representation During Your Divorce

Legal representation is essential for most divorces, especially ones that involve high conflict or complexities in the division of assets.

When planning or going through a divorce, it is important to know that every situation is different, even though the guidelines, paperwork and procedures are the same. You need a lawyer on your side to help you understand the stages of divorce and prepare for its financial consequences. Westover Law provides personal attention and bold representation to assist you through these difficulties, irrespective of whether your divorce process is amicable or contentious.

If you are undergoing a divorce process in Murrieta or any other place in Southern California, contact Westover Law. We are available to guide you through this challenging period. Call us or fill in our online inquiry form to arrange a free consultation and see how we can support you during your divorce.