The divorce procedure is an emotionally draining situation for any person who faces it. The process can be overwhelming. The commencement of a San Diego divorce litigation process is essential in ensuring that the process is successful. The following steps are beneficial in assisting you in preparing for the daunting process:
Gather your thoughts
Owing to the pressure behind the divorce process, you should take adequate time to collect your thoughts before starting the process. Understand what is required of you: know that is good for you and your family. Always consider your reasons for settling for a divorce and evaluate what is appropriate.
Choose your divorce lawyer
Another important step before you start the divorce process is selecting a divorce lawyer. To have a hassle-free journey in your divorce, you need to get the right professional aid. This is an ideal way to ensure you have proper guidance. Be keen to hire a divorce attorney that is aware and keen on dealing with the local judges and rules. As a result, you will have a smooth process.
Organize your records
Maintain the necessary records. There are several documents and records about the divorce process. You have to make sure you file all forms, letters, and the necessary paperwork in your case.
File a divorce petition
The first legal step in getting a divorce is filing a divorce petition. You should notify the other party involved in the divorce process. In a couple embarking on the divorce process, one party is the complainant while the other is the defendant. There are legal procedures to ensure and establish evidence that both parties are aware of the process.
File proof of service
If you are initiating the divorce proceedings, you must serve your spouse and file evidence with the clerk in court. The service process is completed by any party and has the other party sign the service form to show acceptance.
Response to the petition
The other spouse who did not file the divorce petition (defendant) files a response to the petition. This addresses several divorce-related matters, such as child support, child custody, division of assets, and spouse support.
Gather financial details
You must collect financial details such as bank statements, tax returns, retirement accounts, and other vital business credentials. The information is important in making support and property division decisions of your marital assets.
Discuss the division of marital property
It is recommended that you discuss the division of the marital property amicably with your spouse during the initial stages of the process. Make sure you have the know-how of your spouse’s stand about the division of the property.
Commencement of trial
If the matters surrounding your divorce cannot be dealt with amicably or through negotiations, the case starts the trial process. You are provided a family judge in a court in charge of making the decisions on your case.
Completion of the divorce process
To mark the end of the divorce process, the family law court judge signed a decree of dissolution. The documents clearly define every aspect of your divorce, such as child visitation.
Suppose minor children are involved, a motion to seek orders concerning child custody and child support is obtained before the trial begins. This may, however, be a necessity in the scenario that you and your spouse cannot amicably agree on the custody plan for your kids. The temporary orders also determine various monetary matters and spouse support.
Many divorce litigants have little or no knowledge of how to go about a divorce process. When you choose to use the court to help you complete a divorce, you should understand the steps involved. Consult a legal expert to ensure the process is as smooth as possible.