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5 days ago · Divorce Roadmap. This Roadmap is a guide to aid in completing the paperwork for a divorce. By following this step-by-step Roadmap, you should be successful in reaching a judgment in your divorce case. The legal process is complicated.
- One Day Divorce Program
The One Day Divorce Program assists parties with divorce...
- GENERAL TIPS BEFORE YOU START
Superior Court of California, County of Sacramento Family...
- Divorce Case Flow Chart
Divorce Case Flow Chart. This chart shows the basic outline...
- One Day Divorce Program
- What Are The Steps to The Divorce Process in California?
- How Do You Start The California Divorce Process?
- Step 2: Temporary Orders
- Step 3: Disclosure and Discovery
- Step 4: Judgment
There are four main steps. Step one is the initial filing of the petitionfor divorce. The second step I call temporary orders. This is when you need something like financial support, or a temporary parenting plan, and if you’re not able to come to an agreement with your spouse, you might seek what’s called temporary orders. The third step is the di...
You start by one of the spouses, filing the initial divorce documents. This includes the petition, the summons, and if you have children, the UCCJEA.
What are temporary orders? What are some examples of temporary orders that someone might request?
The goal is to try to come up with some temporary agreements with your spouse if at all possible while the divorce is pending. It’s not always possible, and when it isn’t, and your spouse cuts you off financially, or you’re unable to come up with a parenting plan but you really want to move out, then you need to make a request for order. You’re using these forms that the court provides or that California provides, but you have to actually go to court, go in front of a judge, and sometimes the...
So that’s the difference between being in a recommending versus a non-recommending county?
That’s right. Other temporary orders that we sometimes file are wanting to get exclusive use of an asset because the spouse is either not paying for it or not being cooperative or doing something to hurt it. For example, if spouses run a business together, and one spouse is running it into the ground, you might want to seek a temporary order that you get to run that business. Or sometimes even the payer spouses, the “in spouses” as we call it, sometimes they want to do temporary orders for su...
What is the declaration of disclosure?
This is a combination of several documents that you prepare to disclose your financial situation to your spouse. Sometimes it’s already an open book because spouses share joint accounts, everything is shared between the two of you. For other couples, they’ve lived really independent financial lives. This can feel really scary and frustrating, but it’s something that the state does require. You’re sharing your assets and your income information and your debts.
What are the declaration of disclosure forms?
The declaration of disclosure includes several judicial council forms. They are the Declaration of Disclosure (FL-140); Declaration Regarding Service of Declaration of Disclosure (FL-141); Schedule of Assets and Debts (FL-142); and the Income and Expense Declaration (FL-150). They’re required even if you have a full agreement. They don’t all get filed, but at least one does. I always recommend two. I recommend that the FL-150 should also be filed, but they all need to be exchanged, meaning yo...
Are there any deadlines for completing and filing your financial disclosures?
It’s 60 days after you file your petition or response. What happens if someone’s spouse refuses to do their disclosure? They file a response, but then they’re not disclosing any information. It may be that either they’re not exchanging information during the disclosures period, or it’s clear that they have listed no assets, and you know that there’s a lot of accounts that they have access or visibility to? Nothing automatically happens. They miss the deadline, and nothing automatically happen...
What does the judgment phase of the California divorce process entail?
If you haven’t spoken with a lawyer yet, then you might want to just to get a sense for your rights and responsibilities, what you might be entitled to, what pitfalls to avoid. It’s not necessary, but it’s certainly something you can think about, because this is the stage where you’re sitting down with your spouse, or you’re sitting down with a mediator, or you’re working with a private judge to try to come to an agreement on all issues. That’s property and debt, financial support, child cust...
Dec 17, 2023 · This comprehensive guide serves as a roadmap covering critical considerations around California divorce to inform and empower couples in making sound decisions. We explore topics like documentation protocols, asset division factors, spousal and child support determination, available paths to legal resolution and how to make fresh starts post ...
- Getting Started. Start your case by completing, copying, and filing the following forms: Mandatory Forms. FL-100 Petition. FL-110 Summons. FL-105 UCCJEA (if you have minor children)
- Service. Once your forms have been filed, follow this step to serve your spouse. Mandatory Forms. FL-115 Proof of Service of Summons. FL-117-Notice and Acknowledgement of Receipt (optional)
- Declarations of Disclosure (Preliminary and Final) This step MUST be completed even if you have no property or income. Mandatory Forms. FL-140 Declaration of Disclosure (not filed with the court, but served on spouse)
- Finding the Right Path to Judgment. There are four different ways to reach your divorce judgment. Follow and answer the questions below to find which of the four ways fits your case.
To file for divorce in California, either you or your spouse has to have lived in California for the past 6 months and in your current California county for the past 3 months. There are other residency rules for legal separations, same sex couples, and domestic partners. Learn more.
