McCoy Fatula, APCMcCoy
Fatula
Located in Roseville, CA
916-945-2780

Tips to Follow to Prepare for Your California Divorce

Getting a divorce is typically not a decision you make easily. Many couples will try counseling or marriage therapy before calling it quits. In some cases, one spouse will spring the divorce on the other without prior notice. But even in these situations, the spouse initiating the separation has spent time considering whether to end the marriage.

In you are in the consideration phase, and believe that the end of your marriage is unavoidable, you should take some preemptive steps to ensure that you won't be left high and dry when you're on your own.

Financial Concerns

It's important to be conservative with your finances. Separation and divorce can cause financial strain. If at all possible, try to set aside a bit of money to draw upon while you are going through the divorce.

Large Purchases

If you actually need to make a major purchase, such as a car, do it before you file. Once you do, California law imposes an automatic temporary restraining order (ATROS). Among other things, these orders compel you and your spouse to inform the other of any proposed large purchases at least five days in advance. You will also be required to provide the court with an accounting.

Income Tracking

Start gathering information now about your spouse's income. Both of you are required to complete a financial disclosure when you seek a divorce. If you believe that your spouse is trying to minimize wages, income, and assets, proof is required. Look for that documentation in the months leading up to your initial divorce filing. Good sources for this purpose are recent loan and credit card applications. People tend to include as much of their income as possible when applying for credit.

Preparation

Divorce is a life-changing event. You want to be as prepared as possible for all these momentous changes with a pragmatic assessment of your circumstances.

Budgeting

Evaluate how your financial situation will change when you and your spouse are maintaining separate households. Create a realistic budget to meet your own expenses and obligations once you're on your own.

Future Employment

If your spouse is the primary breadwinner, don't rely on a generous alimony settlement to replace that income. Assess your job skills and take steps to get yourself back on the job market. This could mean ramping up your resume and online professional profiles, engaging in job training, or even enrolling in school.

Property

California is a community property state. It's imperative that you identify community property vs. separate property

Inventory

Inventory all of your assets and obtain property valuations for big ticket items.

Documentation

If you own separate property, gather all the proof and documentation that you have to substantiate this claim.

This preparation will be helpful to your California divorce attorney when you are ready to file. Discuss any questions and concerns you may have with your lawyer to determine what other steps you need to take before filing.

Sources: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2040-2041, http://www.mccoyfatula.com/blog/2016/08/community-vs-separate-property-in-california.shtml, http://www.reviewjournal.com/business/money/40-secrets-only-divorce-attorneys-know

No Comments

Leave a comment
Comment Information
Email For A Response

Contact Our Attorneys Now

Please complete the following form to email our office directly.
We will respond to your inquiry promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy