How to Prepare for a Divorce: What You Need to Know Before Filing in California

After you have made the decision to end your marriage, you need to get ready for the upcoming divorce process. This time can be stressful and emotional, so you will want to know what to expect. So, how do you prepare for a divorce? Let’s take a look at what you need to know before filing in California. 

Get Familiar with California’s Divorce Laws

The Golden State has no-fault divorce. This means neither spouse must prove any wrongdoing to initiate a divorce. You can just cite irreconcilable differences to show that the marriage is beyond repair.

However, before filing, you will need to be a resident of the state and county. You or your spouse must have lived in the state for at least six months and in the county where you filed for at least three months. If you don’t meet this requirement, you will need to wait until you can pass that threshold. 

Talk to a Divorce Attorney

Even if you are just thinking about a separation, you will want to reach out to a divorce attorney. With help from a lawyer, you can protect your legal rights from the start of the process. Plus, they can guide you through California’s family law system. 

During your first meeting, you will have a chance to discuss your financial situation, desired outcomes, and any concerns about child custody or property division. Hiring a skilled attorney can help you avoid costly mistakes and preserve your rights throughout the divorce process.

Gather Your Financial Documents

Since California is a community property state, all those assets and debts acquired throughout the marriage will have to be divided equally. If you want a fair distribution, you will need to collect a few documents, such as:

• Bank statements
• Tax returns
• Pay stubs or wage documentation
• Mortgage statements and property deeds
• Credit card statements and other debts
• Retirement account information, such as 401(k)s, IRAs, or pensions

Create an Asset and Debt Inventory

Once you have your financial documents, create a complete list of assets and debts. You will want to include major assets and personal property. Make sure to note which items are community property and which are separate property. You need to include:

• All properties owned, along with current mortgage balances.
• All vehicles and any loans associated with them.
• Credit card debts, loans, and outstanding financial obligations.

Being thorough in this process can help ensure that property division is handled equitably and fairly.

Start Considering Child Custody and Support

If you have children, you need to think about their future support and custody. In the state, the courts will always prioritize the child’s best interests when deciding custody and parenting time.

You will want to consider whether you and your spouse want to pursue joint or sole custody. Along with that, take time to develop a parenting plan. This documentation will need to detail visitation schedules, holiday arrangements, and other important information. 

Be prepared to attend mediation for custody issues. California courts often want to make sure that the child’s needs are met no matter the decision. 

Learn More About Spousal Support (Alimony)

Sometimes, you or your spouse could be eligible for spousal support. The court will award this based on a few factors, such as:

• The length of the marriage
• The earning capacity of each spouse
• The standard of living established during the marriage.

These financial awards may be temporary or long-term, depending on the divorce circumstances. You can be better prepared for negotiations when you learn more about this process.

Get More Information About the California Divorce Process

How to prepare for a divorce? You need to think about the legal and financial aspects of the case. When you are organized and understand the process, you can be prepared for whatever happens in the courtroom. If you are looking for more guidance, you need the assistance of an experienced family law attorney. At Roberts & Zatlin Family Law Firm, we provide comprehensive family law services backed by over 35 years of combined experience in the field. We will make you and your family our top priority.

Our office is located in Temecula, California, but we proudly serve Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, the Inland Valley, and beyond. Contact us today or call (951)-381-8147. Your first consultation is free and confidential. Schedule a consultation today.