When people decide it is time to end their marriage, many wonder, What is the first step when you want a divorce? You might think that filing your divorce petition is the first action you should take. But your first step may come way before you file. You might have a premarital or marital agreement, or you might be unsure of how to protect your interests in a divorce proceeding. If so, your first step may be to consult an attorney or review your legal and financial documents. Under other circumstances, your first step might be determining whether California is the right place to start your divorce proceedings.
There are a lot of options for how to make the first move when dissolving your marriage, but the Law Offices of Ali Yousefi, P.C., can help you decide on the best one for your circumstances. We are highly experienced, and our advocacy is top-notch. You can contact us today to schedule a consultation.
Find Out If You Fulfill California’s Residence Requirements
What is the first step when you want a divorce in California? It may be figuring out if you meet the state’s residence requirements. Either you or your spouse must have lived in California for at least six months before you can file in the state. Additionally, you need to have lived in the county where you plan to file for at least three months. These requirements help ensure that California is the correct jurisdiction for your case. If you don’t meet these residence requirements, you may need to wait before filing for divorce.
The earlier you determine whether this state is the correct venue, the better. Knowing the proper jurisdiction tells you whether California’s unique divorce laws and procedures will apply to your case. Knowing the jurisdiction can also help you understand whether any agreements you entered into with your spouse will affect a family court judge’s decisions in your case.
Review Any Premarital or Marital Agreements
If you and your spouse have a premarital or marital agreement, it’s important to review it carefully before filing to dissolve your marriage. The provisions of an enforceable agreement may affect the correct time for filing. Such provisions will also help inform your decision as to what you wish to include in your divorce petition.
A premarital or marital agreement can cover the following issues that impact your divorce:
- What property will be separate or community property;
- What share of the assets each spouse will receive;
- How spouses will handle wills, trusts, insurance benefits, or death benefits; and
- How spouses will handle spousal support.
An agreement of this sort typically must meet certain legal standards before a divorce court can enforce it. Agreements must be in writing (or orally stipulated to in open court) and entered into voluntarily. And if an agreement has terms regarding spousal support, the court may not enforce it if the spouse who agreed to pay support did not have the advice of independent counsel before signing.
Determine What You Want in Your Divorce
Before starting the divorce process, it is important to think about what you hope to receive in your divorce decree. Divorce decrees cover:
- Property and debt division,
- Child custody,
- Spousal support,
- Child support,
- Name changes, and
- Legal fees.
Remember that the courts typically divide community property equally unless you and your spouse agree otherwise. Also, remember that judges make child custody decisions according to what is in each child’s best interest.
If you know what you want before you file, you may be able to speak to your spouse about your goals and come to an agreement. The more you and your spouse agree on, the less time and energy you may have to spend in court. Knowing what you want out of our divorce decree can also prepare you for completing your divorce petition and help you gather the evidence necessary to argue your position in court or during a negotiation.
First Step in the Divorce Process: File the Petition
Once you’ve met the residence requirements and cleared up what your goals, needs, and obligations are, the official first step in the divorce process is filing the divorce petition. In California, this is done by completing and submitting a Petition for Dissolution of Marriage. This form provides basic information about your marriage and your requests regarding property division, child custody, and support. If you have any children under 18 with your spouse, you must also complete and file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act form to provide the court with additional information about each child you and your spouse share.
Serve Your Spouse with the Petition and Summons
The official first step to getting a divorce is not complete until you notify your spouse about the petition you filed with the court. In many cases, you must notify your spouse through personal service. Personal service is having someone who is at least 18 and not a party to your case personally deliver a copy of your petition and a summons to your spouse.
After service is complete, you must file a Proof of Service of Summons form with the court. Once you file your Proof of Service of Summons and your spouse’s time for responding to your petition has passed, your divorce case is open. Your spouse has 30 days to respond to your petition.
Speaking to Us Might Be Your Best First Step to Get a Divorce
The Law Offices of Ali Yousefi, P.C. provide multi-award-winning representation and advocacy to the people of California. We are passionate about protecting spouses in divorce matters, and we can help you receive the best outcome in your family law case. If you are contemplating a divorce, the first step to get a divorce is to speak to us right away about your rights and options. You can call us or contact us online to set up a consultation.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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