Deciding to file for divorce tends not to be a spur-of-the-moment decision. In fact, individuals often consider this decision for months or even years before making a final decision. Even though it is easier said than done, it is better not to put off seeking a lawyer until after you have already moved out or informed your spouse that you want to divorce. 

In California, it is essential to keep in mind that certain choices you make before separation will affect your finances, custody rights, and your legal standing throughout the divorce proceeding. The consultation with an experienced divorce attorney can help you avoid unnecessary trouble. 

Understanding What “Separation” Means in California

California is considered a “no-fault” state when it comes to divorce. This means that there is no requirement for either party to prove the other is at fault for causing the marriage to end. All that is needed is a statement by one of the spouses claiming that differences between the two made the marriage impossible to save. 

While California no longer requires a legal date of separation to establish residency and initiate a divorce, the moment of separation may still play an important role in other aspects of your life. 

It is beneficial to understand the laws of California before you decide to separate from your spouse.

Avoiding Common Mistakes Before Filing

Many folks tend to inadvertently make their situation more complex simply by acting before receiving any legal advice, after which it can make it very challenging to undo what has already been done. 

The following errors are among the most frequently made by California spouses:

• Leaving the marital home without an awareness of the legal implications

• Clearing joint bank accounts

• Discontinuing credit cards without any foresight

• Reaching verbal agreements that end up being disputed

• Spreading hurtful information via social networks

• Losing vital financial documentation

• Involving children with romantic partners prematurely

It is important to consult a divorce lawyer prior to separation to avoid the aforementioned pitfalls.

Protecting your Financial Interests

The allocation of marital assets is one of the most difficult aspects of divorce. Under California law, we use a community property system, which means that assets and debts accumulated by the spouses during their marriage are divided equally.

Prior to a split, an attorney can advise you to collect information such as:

• Bank statements

• Details about retirement plans

• Loan information

• Tax returns

• Investment accounts

• Company information

• Information about credit cards

• Insurance policies

Having all these facts beforehand will facilitate the allocation of property.

If one of the spouses holds control over the household budget, collecting financial information before informing your partner about the intention to divorce can be useful too.

Planning for Child Custody

For parents, the issue of child custody is more important than anything else. Parents get a chance to think about issues that California courts keep in mind before making a custody decision. They do not need to act emotionally once they separate; instead, they can start considering issues such as:

• Where will the kids stay most of the time?

• How will the parenting schedule work out?

• Who will arrange their school transportation?

• Who will make decisions about kids' education and health?

• How will conflicts be avoided for the sake of the kids?

Preparing for Child and Spousal Support

Many folks are concerned about their ability to financially sustain themselves after a separation. At your preliminary consultation, our attorneys can clarify what influences:

• Temporary child support

• Permanent child support

• Temporary spousal support

• Permanent spousal support

Even though a lawyer cannot guarantee a specific outcome, understanding how support is typically determined helps clients make smart financial decisions before divorce proceedings.

Developing a Strategy Instead of Reacting

Divorce tends to become even harder when the decision is made in an emotional state.

It would be wise to schedule a meeting with an attorney who specializes in family law before your divorce, as it will enable you to plan your next move rationally.

The topics for discussion can include, but are not limited to:

• Filing first, and whether it has any benefit.

• Mediation – whether it is a viable option.

• Communication with your spouse.

• Staying in your marital home.

• Planning for finances in the upcoming months.

Addressing High-Conflict Divorce Cases

Not all marriages end on good terms. In cases where your partner has displayed controlling tendencies, has been concealing financial information, has threatened to move away with the kids, or is physically violent, seeking legal guidance ahead of time becomes even more necessary.

A pre-separation legal consultation provides your lawyer with an opportunity to determine whether further protection is required in the form of:

• Emergency custody application

• Domestic violence restraining order

• Order against transferring property

• Temporary financial assistance request

These actions may help safeguard you and your rights.

Exploring Alternatives to Litigation

A lot of people think that divorce necessarily implies going to court for an extended time. However, many California divorces are handled through negotiations, mediation, or collaborative divorce. 

Your lawyer will be able to explain the pros and cons of each process, considering your family's particular situation, during your initial consultation.

If both spouses are ready to communicate effectively, this will help you save money and gain more control over the process.

Emotional Preparation Matters Too

Whereas lawyers deal mainly with legal problems, divorce is also an emotional adjustment. A pre-divorce consultation can help clients by enabling them to know what to expect in the following months. Realistic expectations will help decrease stress levels and make decisions easier. 

It is common for clients to get more knowledge about:

• The divorce process itself

• The documentation to collect

• Financial needs at once

• How to preserve their relationship with their kids

• The further legal actions to take

Knowledge takes away fear.

Talk to a Sacramento, CA, Family Law Attorney Today

Considering a divorce? It never hurts to consult with an attorney before making a final decision. Call Wagner Family Law today to schedule an appointment, and we can begin discussing your case right away.