How to Get Started
Frequently Asked Questions
Almost everyone knows someone—a friend or a family member—who has been through a divorce. Divorces often are emotionally and financially trying. Sometimes, it is helpful to know a little bit about the legal process, which is what this article is about. Every situation is unique. Be sure to use the approach that fits you.
Whether you are deciding if you need an attorney or you are trying to avoid common mistakes, the following information will help make your decisions about divorce a little easier.
Do I Need an Attorney?
Answering this question requires understanding the complexity of your personal situation. Some things to consider:
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How long have you been married?
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Do you have children?
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Have you acquired significant assets or debts?
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What issues are most likely to be disputed?
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How well are you getting along with your spouse through the divorce process?
If you have not been married long, do not have children or any significant assets or debts, and you are communicating well with your spouse, you may be able to use self-help resources.
The biggest pitfall, however, is that you do not know what you do not know! In other words, self-help resources do not teach you what your rights are or how to adequately protect your rights.
An attorney is probably necessary to assist you with for more complex or disputed matters, such as the disputed parenting time, support of children, shifting ownership of a home, the assignment of marital debts, separating bank accounts and retirement assets, and valuation of small business.
As the old saying goes, “the devil is in the details”. Without the attention of an experienced attorney, you may end up with an incomplete, incorrect, or even worse, an unenforceable Judgment. Leigh A. Kretzschmar brings more than 20 years of experience to your personal situation to ensure that your court orders and Judgment are well thought out, specific and enforceable.
Lastly, it is important to work with an attorney you feel comfortable with, who will educate you about how the divorce process works, and keep you informed about how California divorce law applies to your personal circumstances. To assist you in your decision-making process, Leigh A. Kretzschmar offers a free 30-minute initial consultation, which may be in person or by telephone.
How Do I Prepare for A Consultation with An Attorney?
To get the most out of your initial consultation, you should first take some time to prioritize your concerns and needs and gather a strong base of information. Examples of information or documents which will be useful in this consultation are:
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Copies of any papers already filed with the court;
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The date and time of any future court dates;
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The sources of income for you and your spouse;
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A basic understanding of the assets and debts that you have acquired during marriage;
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A list of the issues you believe will be most difficult for you and your spouse to resolve.
This kind of information, combined with Leigh A. Kretzschmar’s knowledge of the legal process and the San Diego family law courts, will help make your initial consultation productive and provide an opportunity to discuss alternatives uniquely available to you.
To schedule your consultation, contact the law office of Leigh A. Kretzschmar at (619) 231-9323. Appointments may be conducted in person in Chula Vista, California, or, by telephone for clients outside of Chula Vista within San Diego County or California.
How is a divorce started?
The divorce process starts when one spouse files a request (“Petition”) for dissolution of marriage or domestic partnership.
Other than issues of jurisdiction (the appropriate court for filing), the petitioning spouse (“Petitioner”) does not gain a legal advantage simply by being the first to file.
The Petitioner must serve the other spouse (“Respondent”) with the Petition. The Respondent has thirty days to file a Response.
What happens next?
A divorce is not automatically finished by the court. Instead, California law requires both parties to inform each other about all income, assets and debts through a “Preliminary Declaration of Disclosure”.
The purpose of this law is to help make sure all community property and debts are divided and distributed during the divorce process.
Disclosure is very important because one party’s failure to fully disclose his or her income, assets or debts can be considered by the court at subsequent hearings.
What if I need support?
Throughout the divorce process, a party may request a hearing for the court to make orders for temporary child support, spousal support and the payment of debts.
These requests are made through a “Request for Order”. As with the Petition (or request) for dissolution of marriage, the responding party is served with a copy of the Request for Order and given an opportunity to agree or object to the requests through a “Responsive Declaration”.
The judge may grant (in whole or in part) the requests, or deny the requests, at the hearing.
My spouse and I cannot agree on how to share our children, what do I do?
If you and your spouse cannot agree on a parenting plan for your children, you should file a Request for Order requesting a hearing for the judge to decide an appropriate parenting plan.
The court will order both parents to attend a free, court-sponsored mediation session with Family Court Services (FCS). The County of San Diego is called a “recommending county,” which means that to the extent parents are unable to agree on certain aspects of a parenting plan, the FCS mediator provides a report to the report which contains any agreements, as well as the mediator’s recommended solutions for areas of disagreement.
This report is reviewed by the judge at a hearing after the FCS mediation date. During the hearing, the judge will listen to each party’s agreements or disagreements with the FCS mediator’s recommendations. The judge then makes orders to establish a parenting plan.
How is a divorce finalized?
Throughout the dissolution process, the parties may work out agreements regarding spousal support, child custody, child support, and the division of the community assets and debts.
To the extent that the parties cannot agree about these issues, a trial will be held, at which time the judge will listen to the evidence and arguments of both parties and then make the required orders.
The parties’ agreements (if any) and the trial court’s orders are recorded in a document called a Judgment. The court then processes the Judgment and determines the date on which the marital or domestic partnership status ends.
How long does a California divorce take?
There are two aspects to this question: a) how long does it take to complete paperwork for a divorce? and, b) how long after the Petition is filed is the marriage terminated?
Parties may complete their divorce paperwork in a single day, provided they are properly coached and prepared with the necessary information. Even if all of the paperwork is properly and completely filled out, the marriage will not be terminated until after the mandatory “cooling off” period is completed.
This period is six months after the Respondent was formally notified (“served”) with the Petition.
After a Judgment is finalized and “entered” by the court, can it be changed?
Any portion of a Judgment may be changed if the parties agree. Additionally, orders regarding child support, parenting time and spousal support may also be changed after a Judgment is entered.
Other terms of a Judgment, such as division of assets, debts and retirement savings are generally not modifiable unless there are circumstances involving a party’s misconduct during the divorce which results in the Judgment not equitably dividing the marital assets and obligations.
The Divorce Process: What to Expect
Judgments
It is extremely important that a Judgment’s contents be well thought out, with specific, clear and complete language. Often, parties without attorneys do their best to phrase the Judgment, but only later when problems arise, do they realize that the language in the Judgment is ambiguous, inconsistent or vague. Such Judgments are sometimes unenforceable because judges may use only the words in the Judgment to interpret it.
Leigh A. Kretzschmar is an experienced and qualified attorney who has drafted hundreds of Judgments containing the details necessary to clearly set forth the intended division of assets and debts, the resolution of complex property issues, spousal and child support, and child custody issues.