When you’re considering getting a divorce, it’s helpful to know what to expect. Common questions we hear often at Kendall Gkikas & Mitchell include: What is the divorce process like? What decisions will I need to make at this point? What will I need to come to an agreement on with my ex-spouse? How long will it take? Don’t worry—we’re here to answer all your divorce questions and discuss the specifics of your case. Read on to find out more about getting a divorce in California, and feel free to schedule an initial consultation with our seasoned attorneys at 909-482-1422 or info@parents4children.com to discuss your situation.
The Emotional Side
For many people, getting divorce is like an intense emotional rollercoaster. Some may feel elation when thinking about the stepping into the next phase of their lives, others will feel sadness about their marriage’s failure, and many people feel a wide range of emotions, depending on the moment. But in terms of the actual divorce process, it’s pretty straightforward. Every divorce in California follows the same 8 steps.
Step 1: Decide What You Want
Before you do anything else, you have to decide how you want to end your marriage—divorce, legal separation, or annulment? Find out if you qualify for a summary dissolution, and which county you’ll need to file for divorce in. You can look up court filing fees online (or ask your attorney) and how you will need to pay them (money order, check, etc.). Your local court or county may have special requirements, so you’ll want to make sure to figure out what they are, as well as how many copies of your paperwork you’ll have to turn into the court.
Step 2: Consider Extending an Olive Branch
Obviously, things aren’t going well between you and your ex-spouse-to-be, but if you both can agree on the terms of your divorce, it’s going to make the whole process much easier, faster, and less expensive. Work with a mediator to resolve of any disputes. If you can’t agree on something, you both will have to go to court to resolve the matter, which is time-consuming, stressful, and costly.
Steps 3 and 4: Get Your Paperwork On
Complete any local and state divorce forms thoroughly. You can find these forms online, at most courthouses, and at libraries. Then file them at the courts.
Step 5: Get Your Spouse Served
A legal adult (18 or older) who isn’t involved in the case will need to deliver your spouse copies of the court forms. The person who delivered the forms will need to fill out paperwork to prove that it was done correctly.
Step 6: Wait and Respond, and Deal with Lots of Paperwork
Your spouse may choose to debate the terms of the divorce. If he or she decides not to dispute them, the divorce may be finalized without the judge hearing that spouse’s response. Your spouse may try to resolve any disagreements with you and amend the divorce terms. If the spouse chooses to file an official response to the court, he or she must do so within 30 days and then pay the required court fees. If he or she can’t afford to pay, they may apply for a fee waiver. Then you will receive a copy of your spouses response to the court, which will be delivered by an adult who isn’t connected to the case.
Step 7: Let’s Talk about Money
Both members will then provide each other with financial documents that show what they own and owe. This step is called a “preliminary declaration of disclosure.” Then you and your spouse will have to decide a fair way to divide both property, debt, and other assets you share.
Step 8: Go To Court
To be legally divorced in California, the court must approve and sign judgment. Depending on how long it takes for the spouses to agree on divorce terms, this could take months or even years. It will take at least 6 months from the date the case is filed. More paperwork will be required—be sure to check with your state and local court about any additional necessary documentation. If divorce terms are agreed upon by both parties, they may not need to see a judge, and their divorce will be finalized without appearing in court. If there are unresolved disagreements, the spouses will have to go to court for the judge to decide.
Agree or Disagree, Contact an Excellent Lawyer
If you’re worried about possible disagreements that may arise during your divorce, or know that you and your ex spouse will agree to all the terms right off the bat, it’s important that you work with a lawyer you can trust during your divorce. At Kendall Gkikas & Mitchell, we’ve worked with thousands of divorcing couples to peacefully resolve divorce terms outside of the courtroom. We’ve also represented men and women that have had their divorce terms be disputed in court. You can trust us to throw all our knowledge into fighting for your rights and wishes for your divorce terms. Call 909-482-1422 or email info@parents4children.com to set up an initial consultation today.
