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PREPARING FOR DIVORCE

The Law Offices of Steven E. Springer May 19, 2022

Divorce proceedings in California often involve a lot of legal paperwork, and navigating the process on your own is never easy. With heightened emotions and the psychological toll of divorce, getting experienced guidance when preparing for divorce is crucial to avoid making irrevocable mistakes. A knowledgeable California family law attorney can prepare you extensively for your divorce and help protect your family’s best interests.

At The Law Offices of Steven E. Springer, our attorneys have devoted their careers to helping individuals and families navigate the complexities of divorce. Our trusted team is available to discuss your unique situation, enlighten you about how to prepare for a divorce, and review what to consider before you file. Also, we will outline a strategic plan which will help make your divorce proceedings hassle-free. Our firm proudly serves clients across San Jose, Morgan Hill, Hayworth, Pleasanton, and Fremont, California.

CONSIDERATIONS BEFORE FILING FOR DIVORCE

If you have decided to end your marriage formally and want to get a divorce, here are some vital things to know before you proceed:

COUNSELING

Sometimes, parties involved in a divorce often suffer different psychological issues. This may range from heightened emotions to increased stress, depression, anxiety, and lower life satisfaction. To avoid mental breakdowns or other possible mental health issues, divorcing spouses are advised to get counseling and adequate support. This can help you better understand the reason for getting a divorce and learn to deal with life post-divorce.

TYPES OF DIVORCE

You should consider how you want to dissolve your marriage legally. The available options for divorce include uncontested, contested, mediation, do-it-yourself, and collaborative divorce. A knowledgeable divorce attorney in California can help you understand the benefits and drawbacks of each divorce option and decide the ideal choice for your unique situation.

FINANCIAL READINESS

Marital dissolution is life-changing and can have a substantial impact on your finances. Understanding your financial situation is crucial before filing your divorce petition. To be financially ready for divorce, you should:

  • Know what you own or owe.

  • Establish a divorce survival plan.

  • Update your budget.

  • Separate your financial affairs from that of your soon-to-be ex-spouse.

  • Start making plans for retirement.

LIVING SITUATION

When considering divorce, you may be wondering whether to continue living in or move out of the marital home. Here are some possible living situations for couples during the divorce proceedings:

  • Move out of the marital home until you finalize your divorce.

  • Live in the marital home with your estranged spouse, even during the divorce.

  • Sell the property and divide the equity.

  • Try bird-nesting, a living arrangement whereby both spouses live in the house with the children at different times.

An experienced divorce attorney can enlighten you about how to prepare for the divorce process and help you make informed decisions.

STEPS TO TAKE TO PREPARE FOR THE DIVORCE PROCESS

When preparing for divorce, you should take the following steps where possible:

HIRE AN EXPERIENCED LAWYER

Before filing for divorce, consulting with a trusted divorce attorney is important for experienced guidance and to avoid irreversible mistakes. An experienced lawyer can:

  • Enlighten you about the California divorce process and what to expect

  • Help you understand your various divorce options

  • Help settle divorce-related matters and relationship differences peacefully

  • Help you navigate crucial decisions about your new future

IDENTIFY PERSONAL/MARITAL PROPERTY

Asset division is a vital aspect of the divorce proceedings. To prepare for the division of assets in your divorce, you should do the following:

  • Identify your personal property vs. marital assets.

  • Change personal passwords to your financial accounts.

  • Separate your finances and cancel joint accounts.

  • Make several copies of important documents.

  • Protect your credit.

  • Take an inventory of assets that are owned individually or jointly, including motor vehicles, real property, household items, and personal belongings.

  • Collect and document any legal paperwork relating to these assets.

GATHER PERSONAL INFORMATION

You should gather and document personal information about you and your soon-to-be ex-spouse. These include:

  • Individual information

  • Information about your children

  • Proof of residency

  • Copies of any marital agreements – prenup or postnup

  • Employment information/history

  • Marital history

  • Life insurance policies

  • Health insurance policies

  • Estate planning documents

EVALUATE YOUR FINANCIAL SITUATION

As mentioned earlier, a divorce can have a significant impact on your finances. Be sure to evaluate your income and finances, your debts and liabilities, as well as your financial needs post-divorce. You may need to collect and review all financial records, including assets, bank accounts, and debts. By assessing your financial situation, you can know where you stand financially, helping you better prepare for life after divorce.

COLLECT LEGAL DOCUMENTS

Gather and document all necessary legal paperwork, such as:

  • Insurance policies

  • Income tax returns

  • Wills and trusts

  • Advance directives

  • End-of-life plans

  • Documents for family or joint businesses

  • Any other legal documents

Also, make extra copies of any legal document that contains your personal information. These legal documents will be crucial when planning how your affairs will be managed.

Every divorce case is unique. Hence, it is advisable that you get detailed guidance, support, and dedicated representation from a knowledgeable family law attorney when preparing for divorce. Your attorney can protect your best interests and help you navigate every phase of the divorce proceedings seamlessly.

GET EXPERIENCED LEGAL ADVOCACY

Filing for divorce in California is usually emotional and can involve a lot of complicated procedures. Processes such as filing and serving the divorce papers, completing the required legal paperwork, and negotiating a divorce settlement with your estranged spouse can make the entire divorce proceedings even more complex and overwhelming. Therefore, when preparing for divorce, consulting with a skilled family law attorney is imperative for detailed guidance and to help you navigate intelligent decisions.

At The Law Offices of Steven E. Springer, we are dedicated to offering compassionate advocacy and knowledgeable legal counsel to clients in their divorce cases. As your legal counsel, we can evaluate your unique circumstances and help you understand the necessary steps to take when preparing for a divorce. Also, our skilled attorneys can walk you through the divorce proceedings and help resolve divorce-related issues – including alimony, property division, child support, custody, and parenting time – amicably and quickly.

Contact The Law Offices of Steven E. Springer today to schedule a simple case assessment with knowledgeable divorce attorneys. Our trusted team can offer you the experienced legal advocacy and highly-personalized guidance you need to navigate crucial decisions in your divorce process. Our firm proudly serves clients across San Jose, Morgan Hill, Hayworth, Pleasanton, Santa Clara County, Fremont, and Alameda County, California.