Avoiding Common Mistakes When Filing for Divorce in California | Los Angeles Divorce

Going through a divorce is rarely easy, and if you’re considering filing for divorce in California, there are some common pitfalls you should be aware of. Understanding the process and avoiding mistakes can save you time, money, and unnecessary stress. In this blog, we’ll dive into essential tips to help you navigate the divorce filing process smoothly.

Understanding Residency Requirements

The first step in filing for divorce in California is ensuring you meet the residency requirements. To file for divorce, either you or your spouse must have lived in California for at least six months. Additionally, you must reside in the county where you intend to file for at least three months. If you don’t meet these criteria, you may need to wait or consider filing for legal separation first.

Choosing the Right Divorce Process

Once you’ve established residency, the next crucial step is choosing the right divorce process. There are three main types of divorce processes in California:

• Uncontested Divorce: This option is ideal if both spouses agree on all terms, allowing you to avoid court and get your divorce approved through paperwork alone.
• Default Divorce: If one spouse fails to respond within 30 days of being served, the case can proceed without them.
• Contested Divorce: If you and your spouse disagree on major issues, you may need mediation or court intervention to resolve your differences.

For example, one of our clients initially tried to file their case as an uncontested divorce. However, their spouse never responded, leading to the court rejecting their judgment. We quickly refiled it as a default divorce, and their case was approved without any further issues.

Filing and Serving Divorce Papers Correctly

Filing and serving divorce papers correctly is critical for your case to move forward. After filing, it’s essential that the other spouse is properly served with the paperwork. Courts require proof that this step was completed correctly; if not, your case could be delayed or even dismissed. We’ve seen many individuals wait months, believing their divorce was processing, only to discover they never completed the proof of service. We take care of this step to ensure your case isn’t delayed.

Financial Disclosures: Don’t Forget This Step!

Many people overlook the importance of financial disclosures, which are mandatory before the court will finalize your divorce. Both spouses must exchange detailed information about their income, debts, and assets. This step is crucial to ensure fairness in property division and to avoid complications later on.

Submitting a Properly Formatted Judgment Package

Your final divorce judgment must be formatted according to your county’s requirements. Even minor errors, such as missing signatures or incorrect legal language, can lead to your case being rejected. For instance, we recently helped a client whose judgment was rejected three times due to minor errors. After months of frustration, we reviewed their case, fixed the mistakes, and got their judgment approved within weeks.

Common Mistakes to Avoid

Now that we’ve covered the essential steps, let’s discuss some common mistakes to avoid during the divorce filing process:

• Not Meeting Residency Requirements: Ensure you meet the residency criteria before filing.
• Choosing the Wrong Process: Carefully evaluate your situation to select the appropriate divorce process.
• Improper Service of Papers: Ensure the other spouse is correctly served, as this is vital for your case to proceed.
• Forgetting Financial Disclosures: Don’t skip this step; it’s mandatory and crucial for a fair settlement.
• Incorrect Judgment Formatting: Pay attention to the formatting requirements to avoid rejections.

Real Client Success Story

To illustrate the importance of following these guidelines, let me share a success story from our practice. A client came to us after their divorce judgment was rejected multiple times due to minor formatting errors. They were understandably frustrated after waiting months without progress. We stepped in, thoroughly reviewed their case, corrected the mistakes, and submitted the revised judgment package. Within weeks, their judgment was approved, allowing them to move on with their lives.

Why You Should Consider Professional Help

Filing for divorce can be a complex and daunting task. Mistakes can lead to delays, rejections, and additional stress. At Divorce661, we specialize in handling all the paperwork, service, and court filings for you, ensuring your divorce gets approved without unnecessary headaches. Our goal is to help you avoid costly mistakes and make the process as smooth as possible.

Conclusion

Filing for divorce in California doesn’t have to be overwhelming. By understanding the residency requirements, choosing the right divorce process, correctly filing and serving your papers, completing financial disclosures, and submitting a properly formatted judgment package, you can significantly reduce the chances of encountering issues. If you’re looking for guidance or assistance during this process, feel free to reach out to us at Divorce661. We’re here to help you navigate these challenges and ensure a successful divorce filing.

For more information or to schedule a free consultation, visit us at Divorce661.com.