Divorce is never easy. “Breaking up is hard to do” is not just a song lyric. You worry about your family, litigation costs and have anxiety about the now and about the future. But, especially if it is a recurring thought, it is likely time to talk to a San Diego family law attorney. In case of a divorce, you need to know how to proceed and how to protect your own interests and the interests of your children.
You will need to know the requirements for filing the case from your courthouse. When you prepare to file your case you will complete any state or local forms. These are necessary to complete your divorce.
A San Diego family law attorney will help you end the relationship the right way. A legal separation might be the best choice if you do not meet certain residency requirements and for other possible reasons.
There are many judicial forms involved in divorce. The first form to fill out is the Petition-Marriage/Domestic Partnership. This form includes basic information about the marriage and what you feel is appropriate in the divorce. A Summons will be filed as well. The Summons will list restrictions on you and your spouse regarding the assets. It also prohibits either parent from taking the minor children out of the state of California without the permission of the other parent or court order.
Both parties will also have to prepare property declarations, usually in the form of a Schedule of Assets and Debts and an Income and Expense Declaration. This is part of the required Preliminary Declaration of Disclosure. If there are minor children, both will also have to file a Declaration per the Uniform Child Custody, Jurisdiction and Enforcement Act (UCCJEA). This is for jurisdictional issues related to custody issues. You need your San Diego Family Law Attorney to prepare all of these forms. Know that filing fees will apply: currently, that includes $435 for the Petition or the Response and $60-115 for a motion.
Your spouse will be notified when the legal process starts. A third-party person over the age of 18 will serve the divorce papers. This is almost always done in person.
The response window is 30 days for the Petition. Your spouse can take his or her own position on areas of the divorce that they do not agree with. The divorce would now be an open case. If needed, you can also apply for certain temporary orders. These orders can be for child custody/visitation, child/spousal support, use of property, payment on debts, attorney fees and more. If there are issues of domestic violence and you wish to seek restraining orders on conduct, that would be a separate motion. There is no filing fee for such a motion.
Both you and your spouse need to provide financial information for review. That is the Preliminary Declaration of Disclosure, mentioned above. This should be done within 45 days of the Petition being filed and be sure to include the previous two years of tax returns. The Law Offices of Matthew M. Kremer endeavors to prepare these forms, as well, at the beginning of the case to assure that the matter proceeds promptly and without delay.
In San Diego County Matthew M. Kremer, San Diego Family Law Attorney is available to assist you in all regards with your divorce. Mr. Kremer can appear for you in any of the six divorce courts in San Diego County.
The Law Office of Matthew M. Kremer is here to give you all the help possible in this time of need.