The decision to divorce someone should never be taken lightly. Once you or your spouse has decided to end the marriage, it will be time to start putting together a divorce plan. You can think of it as a marriage exit strategy that details where you are and where you would like to be in several months or more. An Irvine divorce planning lawyer from The Goldberg Legal Group can help you understand how to plan out certain aspects of the divorce process. Making those decisions early on can provide peace during an uncertain time.
What Goes Into My Divorce Plan?
Your divorce plan should be drafted with the help of an Irvine divorce planning attorney who understands what areas of your life may be affected by a divorce proceeding. California requires anyone going through a divorce to wait at least six months before the divorce is finalized. This is known as the waiting period.
For most divorces, this is the most optimistic scenario. Many court cases take longer, and a contested divorce could take a year or more to resolve. As you make your divorce plan, here are some common topics that your lawyer may cover with you.
Where to Live
Most couples understandably do not want to live under the same roof during the divorce process. During separation, if it makes more sense for your spouse to remain in the house (usually if they are the primary caretaker for your children), start thinking about whether you have relatives or friends nearby who can host you for several months. Otherwise, it may make more sense to rent an apartment. You will eventually need a long-term housing option, but you can start by finding a short-term solution.
Start Putting Away Money
If the divorce process has not started, you can start putting away money in anticipation of separation or divorce. Having money that you can draw on can provide security through the divorce process. If your finances are tied up with your spouse, consult with an attorney about the steps you can take to secure your own cash reserves. The courts will eventually divide your assets evenly, so try to avoid any drastic steps, like depriving your spouse of what is fairly theirs, that may look bad in the future.
Set Up a PO Box
Once the divorce proceedings start, you will want your own mailing address so your attorney and the court can mail you legal documents. You don’t want to be at the mercy of your spouse, and you do not want your spouse to see your legal documents and filings before you do, so set up your own PO Box so your correspondence is kept confidential.
Schedule a Consultation With an Experienced Family Law Attorney
Probably the most important step in your divorce planning is to research and hire an experienced family law attorney. Family law is a unique legal practice. Many attorneys focus on this one area rather than practicing several types of civil law. During your consultation in Irvine, California, go over the details of your case and see what the attorney recommends that you should do as part of your divorce planning.
There are no guaranteed outcomes in family court, but you can discuss issues like child custody, child support, spousal support, and other family court issues with your attorney. They can describe likely scenarios and outcomes for your case that you can consider when drafting your divorce plan.
FAQs
Q: What Is the Average Cost of a Divorce Lawyer in California?
A: Lawyers base their hourly rates on the number of years they have practiced law and their overall reputation. A family law attorney who has helped many clients settle cases with favorable outcomes is likely to charge a higher hourly rate than someone who has little experience successfully helping clients. In family law, experience matters. An attorney who has represented dozens or hundreds of clients has seen how different scenarios play out.
Q: When Should I Start Planning My Divorce?
A: If you have decided that your marriage is no longer viable, you should start planning for your divorce immediately. You can start setting money aside and planning on new living accommodations in the weeks or months leading up to your filing for divorce. If you were recently served papers notifying you that your spouse is seeking a divorce, you will want to start planning right then. Outlining your goals or a timetable of events can help you feel secure during uncertain times.
Q: How Much Is a Simple Divorce in California?
A: The simplest way to get a divorce in California is by avoiding court hearings altogether. Of course, there is no guarantee that this will be an option because it requires cooperation from your spouse. A “simple” divorce in California would still require that one party pay for the initial divorce filing fee. If you are able to agree on the terms of a divorce with your spouse, you can avoid a contested divorce that could be very costly, both in terms of time and money.
Q: What Is a Wife Entitled to in a Divorce in California?
A: A wife is generally entitled to half of the assets that the couple accumulated during the marriage. California is a community property state. This means that the courts view all property accrued during a marriage as equally belonging to both parties. If both parties agree to the fair division of assets and property, then the courts will not decide who gets what. If both parties cannot agree on asset division, a judge will decide how the estate is divided.
Q: Who Pays Divorce Fees in California?
A: In most cases, each spouse is responsible for paying their own legal fees. In rare cases where one party is found in contempt for disobeying a court order, the judge may order the at-fault party to pay the other party’s attorney’s fees. If you are going through a divorce or planning on filing for divorce, you should plan to pay for your personal legal services.
Schedule Your Irvine Divorce Planning Lawyer Consultation Today
A little bit of planning can go a long way. If you are contemplating filing for divorce or have recently been served papers indicating that your spouse has filed, you should begin planning for divorce with the help of an experienced lawyer. The Goldberg Legal Group is here to help. We provide comprehensive and compassionate legal services for people going through a divorce. Contact our office today to schedule a consultation.
