You’ve probably had several discussions with your spouse (and countless reflections within your own mind and heart) about the possibility of a divorce. In some cases, one party is surprised when they are served divorce papers by the other. One thing is certain: if you are considering ending your marriage you need to give consideration to the steps to prepare for a divorce in Carlsbad or anywhere in San Diego.
Divorce is a complex issue in and of itself. The process becomes even more complicated if there are children, ownership of substantial assets or a family home, the presence of a business or self-employment or even when each party has their own retirement accounts.
What are the steps to prepare for a divorce in Carlsbad and how can you make the process easier for yourself?
One of the first things which must be managed in a San Diego divorce case are the comprehensive financial disclosures each party must provide to other at the outset of the process. California family law establishes a solemn legal obligation known as a “fiduciary duty” upon spouses from the date of the marriage until the date your divorce is finalized (well past the date of separation). This basically requires you to act fairly and in your spouse’s best interests. This also requires each party to make a full, transparent and accurate disclosure of all debts and assets.
This applies to any and all assets or debts which are in either or both of the parties names, regardless of whether the asset or debt existed prior to the marriage. The first step is to disclose every asset and debt. It is the Court’s ultimate responsibility to determine or approve the status of each (community property or separate property) and how (or if) they will be divided.
One of the first steps to prepare for a divorce in Carlsbad is to organize statements for the past 3 or more years for any financial account, retirement asset, tax return or W2 (business or personal), credit card or loan, tax bill and even life and health insurance. You will want to obtain a copy of the deed to your house as well as any vehicle titles.
Do you have children? One of the most important steps to prepare for a divorce in Carlsbad is to consider how and when you and your spouse are going to tell them, and the strategies you will deploy to lessen the impact of the divorce upon their life. What support will they need and what counselors, extended family relationships, friends and religious advisors are available to support your child(ren)?
One of the most important steps to prepare for a divorce in Carlsbad is to choose the attorney who will guide you through this process while working to accomplish your goals and protect your interests. The attorneys at Burke & Domercq have decades of experience in Carlsbad divorce cases and provide sound insight and counsel.