Preparing for a divorce in California requires gathering essential documents, understanding your finances, and organizing your legal affairs. You’ll need to collect financial records, review your assets and debts, and consider child custody arrangements if applicable.

It can feel like a complicated process, but consulting with one of our knowledgeable Orange County divorce lawyers can help. We’ll make sure your rights are protected throughout the process.

Printable Divorce Checklist

For your convenience, we’ve created a downloadable California divorce checklist that summarizes the key points covered in this article. This checklist will help you stay organized and ensure you’re fully prepared as you begin the divorce process in California.

Steps on How to Prepare for Divorce in California

Preparing for a divorce in California requires careful planning and organization. Following these steps can help make the process easier and ensure that you’re well-prepared for the legal and emotional challenges ahead:

• Gather your resources
• Organize your information
• Identify and inventory assets and debts
• Begin legal and financial planning
• Secure living arrangements
• Attend to your personal well-being
• Begin the legal process

1. Gather Your Resources

Preparing for a divorce in California involves assembling the right team of professionals to guide you through the process and ensure that you’re supported legally, financially, and emotionally.

Below are key resources to consider as you begin the divorce process and start taking the first steps toward dissolving your marriage.

Legal Counsel

Hiring a qualified divorce attorney is one of the most important steps in the divorce process. At Moshtael Family Law, our attorneys specialize in family law and have a proven track record in handling cases involving marital property, child support, and alimony.

When selecting legal counsel, it’s important to find someone with experience with cases involving dissolution of marriage and disagreements over assets and custody. Our attorneys will help you resolve your divorce efficiently while protecting your rights throughout the process.

If you’re in California, whether you’re facing a contested divorce or seeking an amicable resolution, we have an Irvine divorce lawyer ready to assist with your divorce case.

Contact us now

Financial Advisor

Consulting a financial advisor during the divorce process is a necessity, especially when dividing assets or determining alimony or child support. A financial advisor will help you review relevant documents and plan for your financial future, making sure you avoid common mistakes that occur during divorce proceedings.

A financial advisor can help you understand the impact of community property laws in California, address the financial separation of assets, and create a budget for the future. They can also help you establish a strategy for long-term financial stability, including areas like retirement planning, tax implications, and navigating the division of marital property.

Child Care

If you have children, you’ll need to plan for their care during and after the divorce. Divorce can be a disruptive time for children, so it’s important to make childcare arrangements that minimize their stress.

Consider the logistics of custody schedules, school arrangements, and any other activities that might be affected by the divorce. Planning ahead with your attorney for child custody arrangements keeps the well-being of your children a top priority.

Additionally, reach out to available support systems such as family members or trusted caregivers to help with childcare during legal proceedings.

2. Organize Your Information

Properly organizing all relevant information will help ensure a smooth divorce process, by helping your attorney and financial advisor assess your case accurately and allowing you to respond quickly to any legal or financial questions that may arise.

Below are key categories of information you should gather and organize before starting your divorce proceedings:

Personal Details

You will need to compile your personal information and provide it to your attorney and the court. These details include your:

• Full legal name
• Date of birth
• Social Security number
• Address
• Employment details
• Any other relevant personal information.

Make sure to have your spouse’s details on hand as well. Organizing these details early will help expedite the divorce process, especially when filling out forms and legal documents.

Marital Records

To establish the history and legal standing of your marriage, gather copies of your marriage certificate, any prenuptial agreements, and other legal documents that were signed during your marriage.

These documents will help determine how property and assets will be divided and how any prenuptial agreements may influence the proceedings, and make it easier for your attorney to assess your case and proceed with negotiations or legal filings.

Financial Records

Financial transparency is important in the divorce process. Here are some records you should have:

• Bank statements
• Investment account statements
• Credit card bills
• Tax returns
• Loan documents
• Mortgage records
• Retirement account details

Child-Related Documents

If you have children, you will need to gather all documents related to their care and well-being. By organizing child-related documents, you can ensure that your children’s needs are prioritized throughout the divorce process and that all legal requirements are met.

Here are the documents to collect:

• Birth certificates
• School records
• Medical records
• Existing custody agreements (if applicable)
• Court orders related to child support or custody (if applicable)

We understand that this is an exhaustive list to go through. But our San Diego divorce lawyers are here to help. Find out how, today!

3. Identify and Inventory Assets and Debts

Before proceeding with the divorce, it’s essential to create a clear inventory of all assets and debts accumulated during the marriage. This will help ensure that everything is properly divided and that both parties are fully aware of their financial situation.

Below are the categories you should consider when organizing your assets and debts:

Personal Property

Create a thorough inventory of all personal property owned either individually by you or jointly with your spouse, including:

• Furniture
• Jewelry
• Vehicles (cars, motorcycles, boats, etc.)
• Electronics
• Collectibles or valuable artwork

Real Estate

If you and your spouse own any real estate, it’s important to document each property, including:

• Primary residence (family home)
• Rental properties
• Vacation homes or timeshares
• Land or undeveloped property

Make sure to gather relevant documents such as property deeds, mortgage information, and appraisals. These will help in determining the value of the property and how it will be divided.

Financial Assets

Financial assets often make up a large part of the divorce settlement. To prepare for the proceedings, identify and document all accounts and investments, including:

• Bank accounts (checking and savings)
• Retirement accounts (401(k), IRAs, pensions)
• Stocks, bonds, and mutual funds
• Investment portfolios
• Business ownership or interests

Debts

It’s equally as important to account for all debts incurred during the marriage, including:

• Credit card debt
• Personal loans
• Mortgages
• Student loans
• Car loans

Make a list of all outstanding debts, along with relevant documents such as loan agreements and payment schedules. This list will be essential when determining how liabilities will be divided between both parties.

4. Legal and Financial Planning

Thorough legal and financial planning is necessary when preparing for a divorce. By reviewing your insurance, estate plans, and financial obligations, you can secure your financial future.

Insurance Review

Take the time to review all existing insurance policies, including:

• Health insurance: Determine if you’ll need to switch coverages or make adjustments after the divorce, especially if you’re on your spouse’s plan.
• Auto insurance: Confirm ownership and ensure each spouse has the appropriate coverage for their individual vehicles.
• Home insurance: If you own property, make sure the policy reflects any changes in ownership or occupancy.
• Life insurance: Check the beneficiary designations on any life insurance policies and decide if updates are necessary.

Estate Planning

Divorce often requires updating your estate plan. Review and update the following documents as needed:

• Wills
• Trusts
• Powers of attorney
• Beneficiary designations

Reviewing and updating these documents ensures that your assets and any decisions about your health or finances reflect your current wishes post-divorce. Consult with one of our California attorneys to make sure these updates are properly handled.

Financial Separation

As you prepare for divorce, it’s critical to begin separating your finances. This process involves:

• Opening individual bank accounts: Set up your own checking and savings accounts to start managing your personal finances.
• Untangling joint accounts: Begin the process of closing or separating joint accounts, including credit cards, to avoid any future financial disputes.
• Updating account ownership: Ensure that utilities, mortgages, and other financial obligations are transferred to the appropriate party.

Emergency Fund

Divorce can sometimes lead to unexpected expenses, and having an emergency fund as a financial safety net will ensure you’re prepared for any surprises. Aim to save enough to cover several months of living expenses, such as rent, utilities, groceries, and legal fees.

Budgeting

Create a new budget that reflects your post-divorce financial situation. Your budget should account for:

• Living expenses (housing, utilities, groceries)
• Child support and spousal support payments
• Healthcare costs
• Legal fees and any costs associated with the divorce
• Savings and retirement planning

5. Living Arrangements

Living arrangements are one of the most significant changes you will face during and after a divorce. Deciding where to live, including whether to move or remain in the marital home, requires careful consideration of both your financial and personal situation.

Below are some factors to consider.

Housing Options

You will need to evaluate your post-divorce housing options. These may include:

• Remaining in the marital home: If you have children, staying in the family home may provide them stability, but it requires predetermining who will keep the property and whether it is financially sustainable to do so.
• Renting: Renting offers flexibility and may be a temporary solution while you adjust to your new financial situation or decide on a long-term living arrangement.
• Purchasing a new home: Buying a new home can be an option if you are financially ready to take that step. This decision should be made carefully, taking into account the post-divorce budget and future financial stability.

Relocation

If you are considering relocating after the divorce, there are a few important factors to weigh:

• Legal considerations: If you share custody of children, relocating may require court approval, and you may need to work out a new custody arrangement with your spouse.
• Financial impact: Moving can come with significant expenses, such as the cost of housing, transportation, and job relocation.
• Emotional impact: Relocating may affect your support network of friends and family. Be sure to consider how a move will impact both you and your children emotionally as well as socially.

6. Personal Well-Being

Divorce can be emotionally and physically exhausting, so it is essential to prioritize your personal well-being during this challenging time. Take steps to manage stress and maintain your health to help you stay balanced and more readily face the divorce process.

Here are some recommended steps to take for your health and wellness:

• Seek therapy: Professional counseling or therapy can help you process emotions and reduce stress as you work through the challenges of divorce. Therapy provides a safe space to express feelings and learn coping strategies.
• Engage in physical activity: Regular exercise can boost your mood and relieve stress. Activities like walking, yoga, or hitting the gym are great ways to release tension and improve overall well-being.
• Maintain social connections: Divorce can feel isolating, so it’s important to lean on friends, family, and support groups. Staying connected with loved ones offers emotional support and helps combat feelings of loneliness.

7. Legal Process

Below is an overview of the essential legal aspects of divorce in California, including divorce types, custody arrangements, and property division.

Divorce Types

In California, there are two primary types of divorce:

• Contested Divorce: In a contested divorce, the spouses cannot agree on key issues such as property division, custody, or support. This often leads to a longer process and may require court intervention to resolve disputes.
• Uncontested Divorce: In an uncontested divorce, both parties agree on all major issues, leading to a faster and less expensive process. This type of divorce usually avoids the need for a trial and can be settled through negotiation or mediation.

Whether the divorce is contested or uncontested depends on the level of cooperation between spouses and the complexity of the issues involved.

Mediation or Arbitration

Mediation and arbitration are alternative methods to resolve divorce disputes without going to trial:

• Mediation: In mediation, a neutral third party helps both spouses negotiate and reach an agreement. Mediation is often faster, less expensive, and less adversarial than litigation.
• Arbitration: Arbitration involves a neutral arbitrator who listens to both sides and makes a binding decision. It is more formal than mediation but can be faster than going through the court system.

Legal Representation

Having strong legal representation during a divorce is critical to protecting your rights and interests. A Moshtael Family Law attorney can provide expert guidance, advocate on your behalf, and help you understand the legal process.

Legal representation is especially important if your divorce is contested or involves complicated issues such as property division or child custody.

Our California family lawyers can assist with everything from negotiations to court appearances, ensuring you’re well-represented throughout the proceedings.

Child Custody and Support

Child custody and support are determined based primarily on the best interests of the child. In California, the court considers several factors when determining custody arrangements, including:

• The child’s age and health
• The emotional bond between the child and each parent
• Each parent’s ability to care for the child
• The child’s ties to school, home, and community

There are two main types of custody:

• Physical custody: Determines where the child will live
• Legal custody: Determines which parent makes important decisions for the child, such as education and healthcare

Child support is calculated based on both parents’ income, the custody arrangement, and the child’s needs.

Property Division

California follows community property laws, meaning that assets and debts acquired during the marriage are typically split equally between spouses, including:

• Real estate
• Bank accounts
• Investments
• Retirement accounts
• Debts (e.g., mortgages, credit cards)

Separate property is not subject to division, such as assets that were owned before the marriage or that were received as a gift or inheritance. Accurately identifying and valuing marital assets is critical in this process, and legal assistance can ensure a fair division.

Spousal Support

Spousal support, also known as alimony, is financial assistance provided to the lower-earning spouse after a divorce. The court considers several factors when determining spousal support, including:

• The length of the marriage
• Each spouse’s income and earning capacity
• The standard of living established during the marriage
• Age and health of both spouses

There are different types of spousal support, including temporary support (during the divorce process) and permanent support (awarded after the divorce is finalized). Legal guidance ensures that spousal support is fairly calculated and takes your financial needs into account.

Filing for Divorce

Filing for divorce in California requires submitting several forms, including the Petition for Dissolution of Marriage and Summons, to the family court in your county. Filing fees in California are between $435 and $450.

After filing, you must serve your spouse with the divorce papers, after which the six-month waiting period begins.

To learn more about the full divorce process, see our detailed guide on the California divorce process.

There is No Need to Get Divorced Alone – Get in Touch Today!

Divorce is never easy, but you don’t have to go through it alone. Whether you’re just starting the divorce process in California or need guidance with complex issues like child custody, marital property, or alimony, the team at Moshtael Family Law is here to help.

Our experienced divorce lawyers are committed to making this stressful process easier by offering personalized support and expert legal advice.

We understand the 2024 California divorce process, from filling out the necessary divorce forms to working through disputes over alimony or child support. Every divorce is unique, and our team is prepared to protect your interests and resolve your case as efficiently and smoothly as possible.

Contact us today to schedule a consultation. Depending on your location, you can call us at:

• Our Irvine office: (714) 909-2561
• Or, our San Diego office: (619) 639-9898

Let us guide you through the first steps toward a new beginning by providing the support you need in this challenging process. Getting divorced in California may seem daunting, but we’re here to protect your rights and prioritize your family’s best interests every step of the way.