Donald P. Schweitzer Divorce Law Blog on Lawyers.com

Filing for Divorce in Pasadena, California

Filing for divorce in California can be confusing.  Let the Law Offices of Donald P. Schweitzer help you

• understand all the divorce forms to be filed with the court,
• serve notices of legal action lawfully, and
• submit proper disclosure. 

Or, call on our Pasadena family law attorneys stand beside you as you respond to a summons for divorce.

California Residency Requirements

The Pasadena Law Offices of Donald P. Schweitzer want you to understand that to file for divorce in California; you must meet California residency requirements:  Attorney Schweitzer explains that either you or your spouse must have lived

• In the State of California for the last six months AND
• In the county where you plan to file the divorce for the last three months.

If you and your spouse have lived in California for at least six months, but you have lived in different counties for at least three months, you may file in either county.

Contact the Law Offices of Donald P. Schweitzer to be certain you do not encounter unnecessary costs and delays associated with beginning the divorce process in the wrong county.

Schweitzer urges that you keep in mind that even if you have not resided in a county for three months, you may still obtain a legal separation, and the Schweitzer Pasadena family law attorneys can help you.  You do not have to live in a legal limbo if you have knowledgeable attorneys.  Once enough time has passed so that you meet the residency requirement for a divorce, the Schweitzer law firm will then file an amended petition and ask the court for a divorce.

The Divorce Petition

Filing for divorce is an emotional process for many people, but for attorney Donald P. Schweitzer, it is also a legal one governed by strict procedures and specific legal requirements.

In California, you officially begin the divorce process by filing at least two forms with the court:

• a Divorce Petition, which must contain specific allegations about the marriage of the parties, residence of each party, children of the marriage and more, and a
• a Summons, which informs your spouse that a court case has been filed and asks him or her to respond in 30 days or accept certain consequences.

Schweitzer says that an alert family lawyer may also file other petitions telling the court precisely what you are asking it to do.  You may want the judge to make temporary orders for child or spousal support, bill payment, protection from domestic violence, or other issues.  Your local court may require additional forms. 

The law says your spouse or domestic partner must be told that you have started the legal process for a divorce, legal separation, or annulment. The judge cannot make any orders or judgments unless and until your spouse or domestic partner has received the summons.

California law allows two types of service of summons, Schweitzer explains. Papers may be personally handed to a person, or if the spouses are cooperating, papers may be mailed.  However, strict laws govern summons, service of summons, the server, the response to the summons and the proof that the summons was served. 

Schweitzer admits that certainly a person can probably figure out which forms he needs, get them from the court, fill out the forms, take them back to the clerk of court, and arrange to serve the spouse, but even after all that stress, you will need a family lawyer if you don't know where your spouse is, your spouse is in the military, in jail, or living out of state, or if you have a difficult time serving the forms.

If either of you gets money or help from the government for a child of your relationship, you must also serve a copy of your filed forms on the child support agency's office in the county where the benefits are being paid.

You can't finish your family law case until you've served your spouse or domestic partner and filed all the forms the court requires. Your divorce can't be final until at least six months after you have successfully filed with the court.

If your spouse or domestic partner files a response to your petition, check it carefully to see if he or she disagrees with your petition. If so, you are headed for a contested divorce trial, and it is urgent that you find a lawyer.  The Law Offices of Donald P. Schweitzer can help you.

Disclosure

California law requires that you and your spouse or domestic partner give each other written information about what you own and what you owe, and about your income and expenses.

If you leave anything out, either by mistake or on purpose, your property division can be set aside, family lawyer Donald Schweitzer warns.  That means it won't be valid. If that happens, your case may be reopened. If you purposely make any false statement in the disclosure papers, the law may punish you severely.

Disclosure allows both you and your spouse to be aware of everything you each own and owe so you can divide your property and debts equally. It also gives you the financial information you need to make decisions about child and spousal support.

Finishing Your Family Law Case

There is another set of forms to fill out and file before the final court judgment.  Those forms vary, depending on your individual situation.

Divorce is really NOT a do-it-yourself project.  Even the most amicable divorce or dissolution requires so much paperwork and so many legal decisions.  No one should face divorce without the support of a network of friends and counselors.  Your family lawyer is a crucial player on your team.  Choose your attorney from the Pasadena Law Offices of Donald Schweitzer.

Article By:

Donald P. Schweitzer 201 South Lake Avenue, Suite 700
Pasadena, CA Los Angeles Co. 91101
866-477-4485