Common Mistakes to Avoid When Filing for Divorce in California | Los Angeles Divorce

Filing for divorce can feel overwhelming, especially in California where the legal system is complex and nuanced. Whether you’re contemplating divorce or have already begun the process, understanding the common mistakes that can derail your case is crucial. In this guide, we’ll break down the most significant pitfalls to avoid, ensuring you navigate your divorce smoothly and efficiently.

Understanding Procedural Issues

One of the first hurdles in the divorce process is understanding the procedural requirements. Many individuals attempt to file divorce papers on their own, only to discover that their petitions are rejected due to simple errors. This can lead to frustration and delays, so being aware of the common procedural mistakes is essential.

1. Matching Names on Documents

When filing your divorce petition, it’s critical that the names on your summons and petition match exactly. This means if you are listed as “Tim Blankenship” as the petitioner, you cannot refer to yourself as “Tim S. Blankenship” or use a different format elsewhere in your documents. Inconsistent naming can lead to rejections, as the court requires uniformity across all paperwork.

2. Confusion Surrounding the Date of Separation

Another common mistake is failing to provide a clear date of separation. Many individuals mistakenly believe they can file for divorce while still living together. However, you must indicate a specific date of separation on your petition. This could be the day you physically moved out, or if that’s not clear, the date you filed the divorce. Not including this date can lead to complications later on.

3. Listing Property on the Petition

When it comes to listing property in your divorce petition, many people feel compelled to include detailed descriptions of assets and debts. However, the petition only allows for a brief mention of community and separate property. Instead of itemizing everything, it’s often advisable to state that property will be addressed later in the proceedings. The exception to this rule is if you anticipate a default judgment, where the other party will not participate; in that case, you should include detailed property declarations with your petition.

Key Considerations When Filing for Divorce

Aside from procedural issues, there are several key considerations to keep in mind when filing for divorce. These factors can significantly impact the outcome of your case and should not be overlooked.

4. Spousal Support Requests

Understanding how spousal support works in California is vital, particularly in relation to the length of your marriage. For marriages lasting less than ten years, you may waive spousal support by agreement or default. However, if your marriage was longer, you cannot terminate spousal support without a hearing. Always reserve the right to request spousal support in your filings, especially if you are unsure about your future needs.

5. Name Changes During Divorce

If you wish to revert to your maiden name or change your name during the divorce, it’s a good idea to request this in your petition. Even if you’re unsure about it at the time of filing, including this request ensures that you have a court order on file should you decide to change your name later.

Filing the Summons and Other Forms

Alongside your divorce petition, you will need to file a summons, which is generally straightforward. Ensure that you fill out your name and address correctly. If you have children, you may also need to file a jurisdictional form known as UCCJEA, which requires information about where your children have lived for the past five years. This is critical for custody determinations.

6. Jurisdictional Issues with Children

If you are filing for custody of your children, the court must have jurisdiction over the matter. This means that your children need to reside in California. If you indicate that your children are living in another state, the court may reject your custody request due to lack of jurisdiction.

7. Amending Your Petition

It’s important to note that you typically only get one chance to amend your divorce petition. If you find yourself needing to make changes, ensure that you amend all related documents, including the summons and any jurisdictional forms. If you miss the opportunity to amend, you may have to file a request for an order to amend, which could complicate your case further.

Recap and Moving Forward

As we wrap up, let’s summarize the key points to remember when filing for divorce:

• Ensure names match exactly on all documents.
• Clearly state the date of separation.
• Consider not listing property on the initial petition unless it’s a default case.
• Understand the implications of spousal support requests.
• Include name change requests if applicable.
• Be mindful of jurisdictional requirements for custody.
• Remember that you only have one chance to amend your initial filings.

Filing for divorce doesn’t have to be a daunting process if you’re informed and prepared. By avoiding these common mistakes, you can streamline your divorce proceedings and focus on moving forward with your life. If you have questions or need assistance, consider reaching out to a professional who specializes in divorce law to guide you through the process.

For more information, feel free to visit our website or call us directly. We are here to help you navigate this challenging time with confidence and clarity.