The Wilson Law Firm, A Professional Corporation has been helping people through divorce proceedings for over 40 years.
This is the second of four installments about how divorce proceedings work in California. The information shared in these blogs should not be construed as legal advice, but if you are contemplating divorce, it should provide you with a roadmap.
Preparing for the Dissolution of Marriage Proceeding
The filing of documents in the divorce proceeding should set forth some key facts including:
- The date of the marriage
- The date of separation
- The number of years from marriage to separation
- The number of children of the marriage, if any
- The age and birth date of each minor child of the marriage, if any
- The separate property, if any, and to whom it should be awarded
- The community property and community debts
The parties must use forms prepared by the California Judicial Council. The petition has places to provide the information that is required.
The date of separation is a key element and should not be overlooked. As we have noted in previous blog posts, California is a community property state. Any property acquired by a couple during the time that they are married (unless it is by gift or inheritance) is considered community property and will typically be divided evenly during the dissolution of marriage, unless there is a prenuptial agreement or other settlement that indicates otherwise. Any property acquired by either party before marriage, after the date of separation, or by gift or inheritance is the sole and separate property of that party, so it is important that the exact date of separation be documented accurately to properly characterize property and to avoid excessive litigation.
If you are going through a divorce or contemplating doing so, please contact The Wilson Law Firm, A Professional Corporation, today for your initial consultation.