The divorce process can be long and draining for everyone involved. As a man, it’s important to be aware of as much information as possible to be successful in your case. California specifically can have some complicated protocols when it comes to the divorce process so it’s even more essential that you learn as much information as you can before your case starts.
California’s Residency Requirements
California has a state requirement that says you or your spouse must have lived in the state for at least six months if you are filing for divorce there. On top of that, you must have lived in your current county for at least three months. If you fail to meet these requirements, your filing can be delayed. The best way you can approach making sure you meet the right criteria is by seeking the right legal counsel for help.
Filing the Initial Divorce Petition
Paperwork is ultimately what will get your case in the door as far as California state court is concerned. The specific forms that you need are FL-100 and FL-110. These are also known as the petition for the dissolution of marriage and the summons. There are also court filing fees to keep in mind. It costs between $435.00 and $450.00 to start your case, however you can apply for a fee waiver if you are unable to afford it. Once these have been filled out and filed with the court, you need to make sure they are served properly to your spouse which legal counsel can help you with.
Disclosing All Financial Information
Both you and your spouse must disclose all financial assets which include personal assets, income, expenses, and debt. California operates with community property laws. This means that anything acquired during the marriage is typically split in half between both parties. Keeping your financial records organized is the best way to protect your interests. It’s important to be honest about your finances because failure to do so could result in severe penalties. Full transparency is not an option, it’s the law.
Temporary Orders
Both you and your spouse are entitled to request temporary orders pertaining to child custody, use of the family home, or spousal support. These types of orders can contribute to the final settlement granted by the court which is why they are so important to prioritize. The best way to approach staying as organized as possible is to document parenting time and your expenses from the very beginning.
Finalizing the Divorce
California has a mandatory six-month waiting period before finalizing a divorce. After aspects like custody, assets, and support are divided and agreed upon, the judge will sign a document known as the judgement of dissolution. While this is the end goal, the process to get there can be tedious and stressful. This is why having that legal representation will only serve to make it significantly easier and allow for a fairer division of your property. It’s also quite difficult to change legal agreements further down the line, which also highlights how necessary it is to stay on top of your documentation as early as possible.
Protecting Your Rights as a Man During Your Divorce
As a man, it’s typical to worry about things like child custody, spousal support, and overall gender bias in the court system but rest assured, California operates under gender-neutral law. Even though this is case, results often come from documentation and general preparation. To reiterate, having the right legal counsel that is 100% committed to you and your best interests is your best chance of exiting your divorce with as little damage as possible. This is why you should contact the Men’s Legal Center located in San Diego. With a team of experienced attorneys with years of practice under their belts, they are dedicated to helping you through this process from start to finish. Make sure you take advantage of their free case review as soon as you can.