For Californians who are experiencing the litany of challenges that accompany a divorce, it is easy to ignore the basics. However, those basics may be critical to the case. Because child custody, child support, alimony and property division will all be considerations, it is wise to have a grasp of the court process from the start.
Key factors to remember when pursuing a divorce
Divorce can be complex, so following the proper steps should make it easier. Some divorces can be completed through summary dissolution. There are requirements for a summary dissolution, including the marriage lasting fewer than five years as well as the couple not having children, owning no land, not renting property apart from where they live, owing less than $6,000 in debt and having less than $45,000 in separate property and community property. If they do not meet these criteria, there cannot be a summary dissolution.
Some couples may benefit from working together with a family law attorney to negotiate a settlement without going to court. This can save time, save money and be less emotionally taxing. The circumstances will determine if this is advisable.
Financial disclosure includes exchanging information about what is owned and owed to accurately divide property and debt. The court must assess the case and agree to the divorce for it to be completed. No divorce can be granted until a minimum of six months pass and all necessary paperwork has been filed.
Professional advice might be essential in a divorce case
As people adapt to the changes that accompany divorce, they may forget that there is a legal process that must be adhered to. It is common for people to feel overwhelmed amid the upheaval and be unsure of how to proceed. To be fully protected and adhere to the divorce process, it may be useful to have legal assistance for every step.