Preparing for Divorce

San Diego Divorce Lawyer

Getting a divorce is difficult. It may be hard to know what to do and who to talk to. The first thing to do is relax. Stressing out is one of the worst things you can do in any given situation, and divorce is certainly no exception.

There is help. There are plenty of resources available to help you get through this rough time, including a San Diego family attorney from the Garwood Family Law Center.

Know the State’s Laws

Living in California, it is important you know you live in a no-fault, communal property state. With that in mind, you need to not worry about who wronged who, if anyone was cheating and who bought what property. There is no fault in these divorces, so your marital history will not affect the property division, nor will the official purchaser. All property obtained after the marriage began will be divided equally.

Of course, if you signed a pre- or post-nuptial agreement, things may work out differently. In this situation, you may be best off reviewing your agreement with your San Diego divorce attorney.

Prepare Your Records

Although we live in a communal property state, the court will still need evidence of how much certain properties are worth. If you have records of important purchases made during your marriage period, these will help the court divide your property equally, so if someone keeps the house, the other person will get property or money worth half of the home's value.

Particularly locate all records related to your pets, as this may help the court decide who is better attached to the animal and, thus, who gets custody.

Seek Help

Both legal and emotional. Many divorces require a San Diego family attorney or at least a moderator to help sort out all the fine details. These professionals can also help you see your spouse as little as possible, which can help keep emotions down.

If you and your spouse are somewhat civil, put serious consideration into mediation. It is a much cheaper and civil alternative for filing divorce.

You also may probably need a few therapy sessions. Divorce is a difficult and emotional process. Don’t go through it alone. At very least, speak with a few close friends.

Think About the Children

If you and your spouse are on good enough terms, you should discuss child custody together. Whoever is closest to the children may elect to be their primary guardian, but always opt for joint custody when possible. Kids are the happiest and healthiest when they see both parents on a regular basis.

Gather Evidence

In most divorces, this will not apply because faults are not taken into consideration for property division. If you believe your spouse is an unfit parent though, you may need evidence to prove it. If your spouse does drugs, brings home sexual partners on a regular basis, etc., this may affect their custody rights. You may need proof of these accusations though. If you have any photos, phone recordings or other evidence of their misdeeds, get the evidence ready.

Review Your Prenups

If you signed a prenuptial agreement, now’s the time to remember all the details it involves. Make sure you both met all the requirements and see what it says about the separation. Prenups can really help make divorces a mess-free process when they are well-composed.

Prepare Your Finances

If you expect to pay alimony and/or child support, be sure you budget these expenses into your current bills. Your San Diego divorce lawyer can help you estimate how much you may be paying for these support efforts.

The Law Offices & Mediation Center of Julia M. Garwood
Julia M. Garwood, CFLS
1450 Frazee Road, Suite 602
San Diego, CA 92108
Phone: (619) 692-8100
Fax: (619) 692-1050
Julia@GarwoodFamilyLaw.com

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