The decision to file for divorce is not an easy one. Once you’ve made up your mind that it’s the right path forward for you, however, there are steps you should take early on to prepare – even before you submit a divorce petition in San Diego.
Check to See if You Meet the Filing Requirements
California has specific residency requirements for divorce filings. You are not permitted to file for divorce in San Diego County unless you or your spouse has lived in the State of California for at least the prior six months and in San Diego County for the prior three months (with exceptions for military divorce). If you don’t yet meet these requirements, you may wish to file for legal separation while you wait.
Prepare Your Finances
Start making a plan for how to divide your finances if you share a joint account. You will need to look out for your financial needs as you separate from your spouse. Establishing your own account creates a clear date of asset separation, which can help you protect your own assets and income during the property division part of your divorce.
Prepare for your divorce by gathering all of the financial documents and records you will need for preliminary financial disclosure. The courts will require you and your spouse to share documents such as tax statements, pay stubs, proof of income and the titles of owned property. You may also wish to open a credit card in your name only to start building credit.
Outline Your Goals
A contested divorce case, where the spouses cannot agree on the terms of the divorce, can be much more expensive and time-consuming than an uncontested divorce. If you wish to save yourself time, money and stress by avoiding a divorce trial in San Diego, start by clearly outlining your personal goals.
Knowing what’s most important to you ahead of time (e.g., ownership of the family home or a shared business) can put you in a stronger position to negotiate with your spouse. Planning ahead can be more conducive to achieving a successful compromise with your soon-to-be-ex and finalizing your divorce through an out-of-court settlement.
Research Parenting Plans
Working with a qualified child custody attorney can immediately give you vital information about how California law handles custody. However, you can start preparing ahead of time if you have children by researching common parenting plans yourself. Learn about different options to start considering what might be right for your family.
Familiarize Yourself With Your Courthouse
In San Diego, a person who wishes to file for divorce or legal separation must submit the required paperwork to the Superior Court of the county where at least one of the spouses has resided for the three months prior. If this is San Diego County, there are four local courthouses available based on your specific region. Familiarize yourself with the address, phone number, hours of operation, filing processes and fees at your local courthouse.
Consult With a Local Divorce Lawyer
A pre-divorce legal consultation with an experienced lawyer in San Diego can give you invaluable information about your current situation, what to expect and what to do next. An attorney will listen to your concerns and offer tailored legal advice about actions you can take right now to help your future case. After a consultation with an attorney, you can take the next steps forward with confidence.
