![]() ![]() ![]() Telling your spouse about the divorce: It isn’t a good idea to surprise your spouse with divorce papers.Make sure that you’ve exhausted all options before proceeding with the finality of divorce. Deciding if divorce is the right decision: A divorce can significantly affect the trajectory of your life and your children’s lives.Step 1: Get Your Preparations in Orderīefore you officially begin the filing process, consider these three issues first: It’s difficult enough to decide to separate it becomes even harder with confusing rules and procedures to finalize the divorce.Īs a result, I’ve written this article to give you a straightforward path to successfully finalizing your divorce in California. ![]() You have a right to copies of all documents and time to review them outside the attorney's office.Divorce can become emotionally and legally complex in California. If are feel uncomfortable or pressured, back off and contact your own attorney. Remember that while your spouse's attorney may be very nice and helpful, he represents your spouse and his interests, not you.If you don't have children and very little property, the divorce maybe be as simple as arranging a meeting to sign agreements. Next is to deal directly with his attorney. The first is to contact an attorney of your own and let her deal with your spouse on your behalf. If the answer is "yes," you have several options.X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source If the answer is "no" or evasive, keep searching in order to verify whether a divorce has been filed. However, the attorney has a duty of confidentiality to his client and is under no obligation to give you any information. If you know your spouse has retained an attorney, you can contact him and ask if a divorce has been filed. Don't assume that because you haven't been served that there isn't a divorce proceeding pending.Ĭontact your spouse's attorney. However, depending on the circumstances, that notice may be in a newspaper in your, or your spouse's, hometown. No divorce can proceed without giving you notice.Your spouse can file for a divorce in any court where she can establish jurisdiction. A common myth is that you can only be divorced if you agree. On the other side, there is no requirement for you to consent to the divorce.A divorce action does not begin until a petition is filed with the court. There is no "common law divorce," meaning that if you are separated for a certain amount of time, you are automatically divorced. Some details, especially concerning children, may be sealed by the court, but the existence of the divorce, the parties, and the case number are public records and those records can be found. There is no such thing as a "secret divorce" or "emergency divorce." Divorce proceedings are public records governed by state law.Avoiding divorce myths can help you find the information that you need. X Research source Without a judgment by the court, there is no divorce. In order to be divorced, a court has to rule that the marriage contract is dissolved and no longer exists. ![]()
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