The California Divorce Process

To qualify for this process, you must meet the following criteria:

• No children
• No real estate
• Minimal property
• Minimal debts
• Your marriage must have lasted less than five years

Benefits of Filing for Divorce First

If you are sure that your marriage cannot be fixed, it might be a good idea to dissolve the union. However, is it a good idea to file for divorce first? The simple answer is yes. The benefits of filing for divorce first are as follows:

1. Decide on divorce proceedings – By filing for divorce first, you decide when court dates are established. If you and your spouse live in two separate states, you decide under which jurisdiction the divorce is held.
2. More time to prepare for the divorce – When you file for divorce first, you can better prepare for what you will ask and begin planning a life separate from your spouse. In particularly unstable relationships, filing first allows you the element of surprise. If you believe your spouse would object or hide assets, you can limit vulnerability. You also have more time to gather the appropriate documents and files you will need.
3. End date of marriage – California is a community property state. Both parties must share assets and funds acquired during a marriage. However, when an individual files for divorce, they procure an end date for the union. Any assets or monetary gains obtained after this date do not need to be shared.
4. Peace of mind – If your marriage is volatile, filing for divorce may offer the relief you need. It may be unsafe to remain with an abusive or manipulative spouse. Filing for divorce first allows you an avenue to leave.

Common Mistakes People Make During the Divorce Process

Divorce is one of the most emotionally charged and legally complex processes an individual can experience. Unfortunately, mistakes made during the divorce process can have lasting financial, legal, and personal consequences. Here are some of the most common errors people make when navigating a divorce:

1. Failing to Understand Their Legal Rights: Many individuals go into a divorce without fully knowing their rights, particularly regarding property division, spousal support, and child custody. This lack of knowledge can lead to significant losses.
2. Hiding Assets or Financial Information: Attempting to hide assets to protect financial interests can backfire. Courts take full transparency seriously, and failing to disclose assets can damage your credibility and result in penalties.
3. Making Emotional Decisions: High emotions often lead to impulsive decisions, such as agreeing to unfavorable terms just to end the process quickly or letting anger drive negotiations instead of focusing on long-term stability.
4. Ignoring the Discovery Process: Failing to provide or collect necessary financial documents or overlooking the importance of discovery can lead to unfair settlements.
5. Neglecting Proper Financial Planning: Diving into a divorce without a clear picture of financial implications like debts, expenses, and future needs can leave individuals vulnerable post-divorce.
6. Neglecting the Welfare of Children: Amidst the conflict, parents might lose focus on what’s best for their children when determining custody and visitation arrangements. Courts prioritize the child’s best interests, and any failure to do so can hurt a parent's case.
7. Using the Divorce to ‘Punish’ the Other Spouse: Treating the process as a form of personal retribution often prolongs the case, increases legal fees, and leads to emotional damage for both parties, especially if children are involved.
8. Signing Documents Without Legal Advice: Many individuals inadvertently agree to unfair terms by signing legal documents without fully understanding them or consulting a divorce attorney.

How a California Divorce Attorney Can Help You Avoid Mistakes

Hiring an experienced California divorce lawyer can significantly ease the challenges of divorce. Here’s how they can help:

• Expert Legal Advice: Attorneys provide guidance tailored to California's specific divorce laws, ensuring you understand your rights and obligations.​
• Accurate Documentation: They assist in preparing and filing all necessary legal documents correctly and promptly, reducing the risk of errors.​
• Objective Negotiation: Lawyers act as impartial intermediaries, helping to negotiate fair settlements without the influence of personal emotions.​
• Financial Insight: They work with financial experts to assess asset values, tax implications, and future financial needs, ensuring equitable distribution.​

Divorce doesn’t have to be paralyzing or overwhelming, especially with the proper guidance. At Family Law Advocacy Group, our experienced Rancho Cucamonga family law attorneys provide compassionate and knowledgeable representation to help clients avoid common divorce mistakes. We ensure your best interests are a priority throughout the entire process.