You are probably a little unsure of whether or not you want a divorce, yet you need to know how a divorce would impact your life.
Since all marriages go through rough periods, it is sometimes difficult to know if your marriage is seriously in trouble or not. Or, maybe you are noticing behavior from your husband or wife that makes you wonder if your spouse is considering a divorce.
Most married people do not take steps to understand how a divorce will impact them until the marriage is so bad that they are shopping for a divorce lawyer. For some, the reality that they need to know their rights comes just after being served with divorce papers.
Knowing your rights and how divorce law will impact your life will empower you.
It is impossible to know how a divorce will impact your life if you do not have a general understanding of California divorce law.
- What type of custody or child sharing schedule will you have with your children?
- Will you pay or receive alimony or child support and how much?
- Will you be able to continue staying in your home?
- How will your retirement and other assets be divided?
Having adequate financial information about your life is important.
Even if you are aware of our legal system and the laws of divorce, you will not be able to protect yourself if you do not have access to your own financial information. At minimum, you should have access to your income tax and financial records concerning your assets, expenses, debts, insurance policies, wills and trusts.
The importance of the ‘date of separation.’
The date you choose for your date of separation is not necessarily when one spouse moved out of the house, but can encompass other factors. The date is important because all assets and income acquired between the date of marriage and date of separation are considered marital. Consequently, all assets and income acquired after the date of separation are considered your separate property.
The impact of the filing of the Summons and Petition.
You may be waiving important rights if you do not speak to a lawyer before you file a Petition for divorce. For instance, if your spouse is the beneficiary of your life insurance policy, you may want to make this change prior to the filing of the divorce, as Automatic Temporary Restraining Orders (ATRO’s) prevent you or your spouse from changing beneficiaries to any insurance policies after the divorce is filed.
Protect Yourself by Becoming Informed Before Your Divorce.
Understanding how California divorce law impacts your life and your family is crucial prior to filing for divorce. Download our Pre-Divorce Planning Worksheet and call our office to set up an appointment to speak with one of our lawyers. We can give you an estimate as to what your support orders might be and what to expect if you make the decision to file for divorce. We have extensive worksheets to help clients plan for this important event.
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