Divorce Steps Step One:
Determine if you qualify for a summary divorce.
Step Two:
If you do not qualify for a summary divorce but agree with your spouse on all issues, follow the steps for an uncontested divorce.
Step Three:
If you are unable to come to an agreement, contact an attorney.
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Public Interest Law and Practice
2007 /2008
General Info
Board/Commission v. Dept/Bureau Board/Commission: multimember regulatory agency; decisions are made in a public forum; more advantageous from a Public Interest perspective Dept/Bureau: headed by a single appointee; decisions generally made in closed settings
Bagley-Keene opening Meeting Act
* Brown Act is the local government counterpart
*Basic Requirements
Notice: Agencies must give notice of the meeting with an agenda by mail and on internet at least 10 days prior
Agenda: must be given with notice of the meeting time and give brief description of all action to be taken; no action can be taken unless its on the agenda
Background Documents: must be provided upon request
Public Comment: agency must give time for comment on both agenda items and non-agenda items, members cannot take action or speak about the non-agenda issues
Exceptions:
Closed/Executive session: must be during a regularly scheduled or special meeting; must be on the agenda; must give reason given; notes must be taken as to discussion and action taken Special Meetings: may be held on fewer than 10 days notice where the 10 day notice requirement would impose substantial hardship and where subject matter is within specified criteria . . . → Read More: Public Interest Law
Michael C. Hall and Jennifer Carpenter, siblings on the Showtime serial killer series Dexter, have reportedly decided to divorce, ending their nearly two year marriage. Hall is known for severing heads on screen has decided to sever his marriage bond. No blood was shed, as the couple has decided to split amicably.
The couple played siblings on Dexter, apparently in this case, a marriage created in a creepy mixture of murder and incest doesn’t last forever.
With the recent finale of Season 4 of Dexter, viewers will have to wait to see if the show can survive the awkward drama of divorced siblings.
The law requires both spouses must have access to their financial information. This information will be used to determine an appropriate property division, child & spousal support, and attorneys fees and costs.
Find out what property you and/or your spouse own and how much it is worth.
Most people find this procedure very invasive of their privacy. In addition the process can be quite expensive as valuation experts and attorneys are often used to answer those questions. How much you spend on discovery will depend on the size and complexity of your estate and the cooperation level of your spouse. If paid a large amount to retain an attorney, this is part of the reason why.
Save costs by gathering your own information.
Be active in your divorce. Save yourself attorney’s fees by gathering easily obtainable information such as bank records, titles, and tax returns.
When you meet with your attorney come prepared with as much financial information as possible.
This may save the costs of meeting again later with your attorney. If you lack any information, try your best to complete any financial questionnaire given to you. Such a questionnaire will likely resemble Judicial Council Form FL-150 and . . . → Read More: Financial Disovery
The problems of a divorce are compounded by the need for bankruptcy. Whether you file for bankruptcy before divorce depends on what divorce issues must be resolved. Making a mistake during a divorce with bankruptcy can be very costly.
Once the married couple is divorced, they can no longer file a joint bankruptcy. While filing together will save the costs of an additional bankruptcy case, it may prevent you from maintaining a Chapter 13 bankruptcy. It is best to consult a bankruptcy attorney in California because of the potential complexities of dealing with both divorce and bankruptcy. Unfortunately there is not an easy, do-it-yourself solution to bankruptcy.
A divorce settlement agreement is a contract agreed upon by the husband and wife that determines the terms of a divorce. Typically the settlement addresses property division, spousal support, child support and custody, and other divorce costs. By law child support agreements must be modifiable in accordance with Fam C §3651. Spousal support clauses must also comply with Fam C §§3591 & 4337. In the settlement, spouses must adhere to their fiduciary duty, which has certain requirements including disclosure. Fam C §§721(b) & 1100(e).
Requirements
Mutual consent Agreement signed in writing Fiduciary duties of disclosure and fair dealing Court approval
Approval of Settlement Agreement
The California family court has the authority to disprove of the divorce settlement. The court may reject the agreement if it is not in the best interests of the child.
Enforcement
An approved settlement agreement is entered by the judge as part of the judgment which must be followed by the parties. Remedies for failure to comply with the agreement depend on whether the agreement was “merged with the judgment.” A merged agreement can be enforced only by judicial remedies (contempt of court) while on that is not may be enforced by traditional contract remedies.
. . . → Read More: Divorce Settlement Agreements
The California family courts can modify or end child support any time the court determines to be necessary. This means that child support orders are never final, as courts need the authority to change orders as financial and family circumstances change. This often requires the supporting spouse to increase or decrease support payments as his/her salary fluctuates. Conversely, the supported spouse must be careful not to rely on a certain minimum amount, as economic circumstances may warrant a reduction of child support.
In California it is sometimes best to develop a marital settlement agreement that awards child support as a function of annual income to avoid later court hearings requesting modification.
Legal Requirements for Modification
The party seeking the modification must demonstrate that there has been a material change of circumstances since the last order. Typical changes of circumstances include:
Incomes Custody changes Costs & expenses
“Family court” refers to the activities of superior court handling domestic relation actions. The following actions occur in family court:
marital or domestic partnership status custody of marital children child support matters property disputes attorney fee and cost awards restraining orders paternity In which court do I file for divorce?
Jurisdiction is the courts power to resolve the matter before it. The court must have subject matter jurisdiction (power over the subject matter) and personal jurisdiction (power over the people).
Residency Requirements
California requires that the petitioner or respondent in a dissolution live in the state for 6 months and the county for the past 3 months.
Personal Jurisdiction
When property rights are involved in a dissolution, personal jurisdiction requirements must be satisfied. When you ask the court to decide financial issues concerning your husband or wife, he or she must have the requisite connection to California. To illustrate, it would be unfair for a court in a state you have never visited to apply its laws in deciding how to divide your property. Several ways to satisfy personal jurisdiction include:
Physical presence when served the petition and summons Domicile in the state Consent to jurisdiction Minimum contacts . . . → Read More: Family Court Jurisdiction
Ideally everyone would have an experienced California family law attorney handle their divorce. However, some spouses decided to handle their divorce without an attorney after discovering that a divorce lawyer is going to charge $150-400 an hour plus requires a substantial retainer to begin.
Is it worth the cost?
Seeking a cheap divorce may not be wise. The answer depends on both the complexity of your divorce and your ability to learn the law and competently handle its complexities. If you own substantial property and your spouse is contesting its division or not disclosing important financial information, then it may be worth the cost of a lawyer to support your position. Conversely, if you can come to an agreement on all important issues, it may be worth saving money and handling the matter yourself. Keep in mind that if you are unable to pay for the costs of an attorney the judge may award attorney’s fees to you in some circumstances.
Which lawyer should I hire?
When it comes to attorneys, more experience will land you with a higher legal bill. Many clients wrongfully assume that a lawyer straight out of law school is incapable of handling their case. . . . → Read More: With or Without a Lawyer?
A prenuptial (premarital) agreement decides divorce issues before marriage. A valid prenup modifies California community property rules, ensuring that separate property owned before marriage remains separate, modifies the assets acquired during marriage, or limits spousal support.
To enforce a prenuptial agreement it must comply with California law. These requirements are numerous and complicated but it must include a signed writing of the agreement. If a prenuptial agreement was signed during marriage it is best to consult an attorney to determine if the agreement is legally binding.
The prenup is used procedurally in a divorce as evidence supporting the property characterization listed on the divorce forms.
CALIFORNIA PRENUP FAQ
What is in a prenup?
A prenuptial agreement contains numerous complicated legal clauses and should be drafted with the assistance of an attorney. However, in general a prenup includes the following: Explanation of property laws concerning marriage Identification of property interests – I own this. You own that. Separation of expenses – You pay for X. Determining ownership for future property – My pension is mine. Disclosure of current property interests – This is what I currently have. Tax issues Does NOT address child support WARNING: as of this writing the Supreme . . . → Read More: Prenuptial Agreements
In a divorce the California Family Court may divide your property and debts, including your real property (house), and personal property, and all debts and mortgages. California is a community property state which means you and your spouse are entitled to a share. All property and debts acquired during the marriage are presumed to be community property. The court will decided which property belongs to the community and which is separate, typically assets acquired before marriage, gifts and inheritances. You may determine the outcome of the property division through a divorce settlement, accomplished with or without mediation.
The California Family Court requires that you must create an inventory of all your assets including their values and disclose them to your spouse. Common assets include:
Real property Vehicles Household items Jewelry Safety deposit boxes Cash Bank Accounts Pensions IRAs Stocks and bonds Certificates of deposit Life insurance policies Tax refunds Businesses Other property
Spouses tend to disagree on the value and division of assets, racking up attorney’s fees and costs of appraisals in the process. A cheaper option may be to seek mediation and come to an agreement on the division of property.
After the division of property you . . . → Read More: Property Divison
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California Divorce FAQ Can I get divorced in California?
How much does a divorce cost in California?
How long does it take to get a divorce in California?
How to file for divorce in California?
Who gets alimony (spousal support)?
How do I get custody of my children?
How is property divided?
What are the necessary forms for divorce in California?
What is legal separation vs. divorce?
FAQ Link
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