Navigating the Storm: Insights into Divorce and Family Law

Navigating the Storm: Insights into Divorce and Family Law

A divorce or family law issue is inherently stressful. Navigating the storm can feel overwhelming. Knowing the storm’s path is important. Consider the following a basic roadmap of the divorce storm.

Initial Pleadings

At the outset of a family law case, one party will file a Petition to get a case number and then serve the Summons and Petition upon the other party – the “Respondent”. The Respondent will be served with the Petition and in most instances, Respond to the action. A Judgment for Dissolution cannot be entered in a case until six months and one day have lapsed from service of the Respondent.

At this point in a case, a family law party should ask their family law lawyer about Automatic Temporary Restraining Orders (listed on page 2 of the Summons) which go into effect at the outset of the case.

Initial Orders

In most cases, there are some immediate orders that need to be entered. This could be relating to restraining orders, child custody, support, exclusive use of an asset, payment of debts, payment of legal fees, and much more.

It is important to immediately communicate to your family law attorney any issues you anticipate arising as you navigate the process. As your lawyer starts to complete financial disclosures and to learn more about your family, your lawyer can assist you with options available pending the Final Judgment being entered. Remember, this can include issues arising with safety, parenting and the children.

This process can take time depending on the issues and orders needed. Sometimes, getting initial orders, specifically if litigated, can temporarily pause getting to the bigger issues in the divorce. It is critical that a party speak with their lawyer about how litigating in the middle of a divorce case can affect the timeline and legal fees.

Disclosures

Financial disclosures are required in California dissolution proceedings. It is required that each party exchange and serve a Preliminary Declaration of Disclosure within 60 days of their respective filing of initial pleadings.

Likewise, at the end of the case, a Final Declaration of Disclosure must be served within 45 days of trial or waived.

During this process, disclose all assets, debts, income, and expenses to your lawyer. Be ready to provide documentation for all your assets, debts, income and expenses. Consider how you can do this for your lawyer in an organized and comprehensive fashion. The quicker your lawyer can get up to speed on your estate, the sooner your family law lawyer can assist with strategy and getting you to the finish line.

Discovery

Discovery is the process of requesting and providing information. Both parties to a divorce proceeding can request information, documents, or testimony (deposition).

Once initial issues are identified and disclosures are completed, your lawyer will generally discuss with you the legal issues in your case, the law that applies, and the discovery and analysis necessary or recommended to reach your goal.

This is a good time to check in with your lawyer regarding your budget as you can expect if you ask for certain information, the other side will too, increasing the budget for you to respond to the discovery.

Settlement and Trial

Once discovery is completed and temporary orders are in place, a lawyer should be able to give a family law client anticipated outcomes on the legal issues so that a settlement offer can be extended.

Depending on the issues presented, it is likely a family law client will have to retain other professionals to assist. For example, CPAs, estate lawyers, business lawyers, tax lawyers, actuaries, valuation experts, QDRO experts, and more.

If a case cannot be settled, the matter must be litigated at a trial where testimony and evidence is presented. Trial is expensive and takes considerable time and energy. The fees and costs, both financially and emotionally, should be considered before proceeding with trial.

Post-Judgment Matters

In most cases, a “Judgment” or final order is entered requiring that the parties continue to work together, distribute assets, divide retirement accounts, pay support, etc. Ensuring that the orders in the Judgment are carried out is important. Making mistakes can cost a fortune in taxes and penalties.