ok, I've been through this one. While I believe you can go to city hall and request the paperwork, what I did is as follows:
1. Hire a mediator. These are lawyers who specialize in divorces for people who want to avoid an ugly court battle. The mediator can take care of all necessary paperwork for both of you. If, during the effort, you feel mediation won't work, you can always take the work to-date and go the divorce-lawyer route.
2. The second thing you need to do is "file" for divorce. The mediator can give you the paperwork to sign or you should be able to get it from a court clerk in your county. There are 2 important dates to note on the form. One is the date of the divorce filing, but the other is the date of the separation, since in California, some decisions are made based on the separation date.
3. You have to declare all your assets and debts. So will your spouse. There are standard forms that most lawyers and mediators can provide that walk you through this exercise.
4. Be aware that unless it's contested, everything gets split 50/50 in California unless something has changed recently. While some attorneys might say it must be filed by an accountant, it does not (or didn't for me) - the accountant just makes it easier.
5. If you have children, there will be a separate custody arrangement that will be associated with the court papers.
6. Once you've got all the disclosures (assets/debts), custody arrangements, settlement agreements (who gets what) all documented, then the final paperwork gets submitted. Typically the divorce becomes final about 6 months after that. If everything is reasonably friendly, there is no need to actually go to court if you have a mediator or divorce lawyer.
I urge you to try the mediation route if possible. They are trained to negotiate with both of you in the room. If you both hire attorneys, you can end up paying them all the funds you would have otherwise split with your ex.
2006-09-29 13:18:54
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answer #1
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answered by Stef 3
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Theyre probably like every other state so here goes. You can go it alone or with an atty or paralegal if you cant spend big bucks. The paralegal does all the attys paperwork anyhow and for a whole lot less. They know the laws and which papers to fill out and will even file them with the courts. Your best bet is to sit down with your ex to be if youre still civil and work out all the details, even the kids if there are any. By the way if there are children involved, divorce courts will usually award custody to the mother if the court has to decide, unless there is documented proof of child or drug/mental abuse, and with the kids usually comes child support and the house, and possible spousal support. The father will get state mandated visitation rights unless you two work out a different arrangement with the paralegal on paper but still has to be approved by the judge. If you cant afford the paralegal, then get the forms and fill out them yourselfs and file them. The judge will decide if theyre correct. You can find the paralegals in the yellow pages or at a nearby university with a legal dept. Hope this helps and good luck
2006-09-29 13:02:51
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answer #3
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answered by Arthur W 7
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This Site Might Help You.
RE:
What are the steps to getting a divorce in California?
How do I go about doing it paper work so on....
2015-08-06 13:49:47
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answer #4
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answered by Merle 1
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