In CA, it’s possible for both ex-spouses to request a variety of orders or requests. Individuals can file multiple orders at once, and there are little or no limitations as to how many orders they can submit. However, an order isn’t automatically granted; the family law courts must assess the order and ensure it is valid and fair to all involved parties.
A financial order is a type of request meant to help or resolve any disputes involving money and assets. For example, an order might include the stipulation that spousal support must be increased, that the shared property be sold, it might dictate how said sold property must be divided, and more.
Today, we’re looking at steps which you should take before you proceed to file your financial order. As always, the best advice is to consult with a family lawyer to help guide you through the process from beginning to end. That said, here’s a few ways you can help prep for your financial order in CA.
What to Do Before Filing Your Financial Order
These prep steps are known as pre-action procedures, and ex-spouses must ensure that these steps are completed before they can proceed with their financial order.
- Full Disclosure: Both parties must fully disclose all of the financial assets and liabilities.
- Dispute Resolution: Both parties should work together along with a third party to attempt and resolve the dispute in good faith.
- Written Notice of Intent: If the dispute is not resolved, one party must notify the other party of their intent to move this over to the family law courts. This notice of intent should include a window by when the recipient must respond.
- Acknowledgement of the Notice of the Claim: The recipient must respond in writing by the allotted time. They can opt to agree to the proposed resolution in the notice of intent or propose a counter-offer.
- Filing with the Family Law Courts: If this process does not lead to a resolution, one or both parties can proceed to file the financial order with the courts.
This is a quick overview of what this process generally looks like in California. In truth, each step can be involved and could lead to a variety of different outcomes. Ensure that you have the right legal guidance for your specific situation by reaching out to a skilled and trusted CA divorce attorney.
Call us at R & S Law Group, LLP at (949) 825-5245 to schedule a free initial consultation
The Cons of Filing For Divorce On Your Own Without a Divorce Attorney
Today, people are turning to DIY for a variety of subjects and activities. While this scrappy approach can be a great way for you to learn new skills, save money, and help the environment, certain contexts don’t lend themselves well to such a casual approach.
Not surprisingly, family law in California is one of those areas where it doesn’t make sense to strike out on your own and try to get things handled without professional assistance. To highlight this point, we’ve compiled a list of the biggest cons you can expect to face if you decide to try navigating your divorce solo.
DIY Places Your Personal and Parental Rights at Risk
While some divorces move along smoothly, others can become contentious as ex-spouses battle it out in the courtroom. We’ve seen it all, from lying to manipulation, extortion, and much more.
Even if you expect things to stay amicable, always account for any unexpected hurdles or challenges and avoid walking into the courtroom without your own counsel. You’ll be especially at a disadvantage if the ex has his/her attorney ready to go since day one.
A Lack of Familiarity with the Family Law Process and Courts
Family law, like most areas of the law, is not simple. Court proceedings can range from a quick one-off session to multiple lengthy hours-long appointments. Considering the potential ramifications at play, walking into any family law proceeding as a beginner is a huge mistake. Equip yourself with the knowledge and experience that you need by relying on a trusted, proven family law expert.
Mountains of Complex Paperwork and Potential Mistakes
Along similar lines, most divorce proceedings and family law processes involve a hefty amount of paperwork. A minor mistake in any legal document could delay or stall any part of your family law proceedings, adding to your expenses and overall stress. Don’t take any chances and have a professional guide you through the process, no matter how many stacks of paper your circumstances might involve.
Get an Objective Perspective and Unbiased Advice
Perhaps most critically, a family law attorney is able to offer an objective viewpoint as he/she gathers all the relevant information. Using their extensive knowledge and experience, a dedicated divorce attorney can help steer you towards a strategy that best helps protect you and your loved ones.
Learn more about this at no risk to you, as we offer free initial consultations at R & S Law Group, LLP! Give us a call at (949) 825-5245 to schedule an appointment today.