So-called experts and attorneys understand the basics of divorce law in California, which is to be expected. But how many average people truly understand how to file for divorce, the legal procedures in the divorce process, and which specific divorce documents are required for both the petitioner and the other spouse?
Recognizing the legal process for divorce in the state of California, as well as understanding your rights, as a participant in the dissolution of your marriage is crucial before completing the divorce process. Divorce laws change over the years, and can vary from state to state.
Of course, it is not expected for every person to know and remember the entirety of legal terminology that only attorneys and specialists are expected to memorize. However, if you understand the following basic tenants of divorce law in California, you will be much more confidant moving forward in your divorce before you hire an attorney.
Of course, don’t break the law to do some detective work! Do what is in your legal, constitutional authority. Tax returns and recent pay stubs should give you clues, if not outright answers. Trust us when we say that having a valid assessment of your spouse’s income will be valuable later on in the divorce proceedings.
Remember also that in the state of California, as Legal Zoom states, “in a community properly state, the husband and wife equally own all income and assets earned or acquired during the marriage.” So, for example, if a wife made a large purchase during a marriage with her own money, it is still considered community property of both husband and wife, regardless of a prenuptial agreement. Many deem this unfair, but it is a valid legal reality in California, Idaho, Louisiana, Nevada, New Mexico, Texas, Arizona, Washington, and Wisconsin.
Education about divorce law is key. There are several different divorce laws, and they change over time and with varying circumstances. Perhaps you will not need to consult a lawyer, and can instead file for an online divorce using the services at My Divorce Papers. However, if your divorce were contested, then it would behoove you and your spouse to obtain more legal advice, and become educated on the basics of divorce law. Only then should you consult with an attorney and start the official filing procedures.