The Divorce Process in California

It’s never too early to contact an attorney to help you get prepared for the divorce process. Developing a plan to handle the financial issues and shared custody of any minor children takes time. While we can work with you at any point in the process, we do not suggest you file your own paperwork for divorce. There are several potential pitfalls that can affect the rest of the process if not done correctly.

Every situation is unique, but if one spouse does not have an income that spouse will typically be granted some temporary financial support. Custody is determined on a case by case basis where the best interest of the children is taken into consideration.

It’s not uncommon for one spouse to have little to no information or access to important financial documents like the home mortgage, credit card balances, retirement accounts and other bank information. During a divorce, it can be difficult to get your soon-to-be ex-spouse to freely share that information. That is why there is a “discovery process” where the necessary documents will be made available to you.

The courts will favor an agreement where both parents are playing a role in the child’s life. While one parent may play a primary role in the children’s lives the other parent will be able to have visitation or shared custody in most cases.

Part of the asset division process includes classifying things as either community property or separate property. Separate property is what each spouse owned before the marriage. Community property is the assets that were accumulated during the marriage and are split in a manner that the court sees fair, not necessarily 50-50.

Our legal team has a long history of coming up with creative solutions to complex problems. Many people facing a divorce think that a “tough” or “aggressive” attorney will help protect their interests. The reality is the ability to be effective and efficient during negotiations not only leads to a better outcome, but also keep you from paying unnecessary legal fees for endless fighting.

When you are working with an experienced attorney, many disagreements and issues can be resolved throughout the divorce process. If you can reach a settlement for custody and the major financial issues, it typically is a better outcome for both spouses than going to trial. Taking your case to trial is expensive, takes a lot of time and typically gives the divorcing spouses less control over the outcome.