What to expect

We understand the process of divorce can be challenging for our clients. While every case is unique, we’ve found a little knowledge about the aspects of divorce proceedings related to property division helps make it more understandable and manageable. A few ideas about preparation, the process and settlement are below to help you get a feel for what to expect.

Preparation

	Before filing a dissolution action, gather information which may not be as easily accessible later. This might include credit card and retirement account statements, investment account statements not in your name, and all documents related to valuation of assets or debts.
	Consider the timing of a separation and the filing. The State of California uses the formal date of separation as the cut off for community earnings and also community debt. Many factors come into play regarding these concepts, but it benefits a client to discuss issues before filing so that adequate consideration can be given.

Process

	The process starts with the pleadings: the Petitioner files the action and has the other spouse, the Respondent, served with the Petition.
	The process then moves into property division. Property division is the central occupation of divorce and involves gathering financial documentation to comply with state law. The law requires full disclosure of all information about both community and separate property assets and debts. Note the law requires disclosures to be “current” but because many items are divided as of the date of separation a client should take care to have information about both time periods available. Legal methods exist to formally request information either from the other spouse, or third parties such as financial institutions.
	This aspect of the process can take up to several months, depending upon the complexity of a case. Business valuations can be time consuming, for example, as can tax issues.

Settlement or Court Resolution

After each party has reviewed the disclosures provided by the other, global settlement discussions can take place. Some matters are resolved quickly with simple written agreements, such as dividing a bank account, while others require more research and negotiation. Often parties can resolve all but a particular issue, in which case that issue can be segregated and submitted to the court for resolution and thereby conclude the case.

Final settlement can take several weeks or longer, depending on the issues.

There are, of course, numerous unique considerations related to divorce, custody and support matters. We have extensive experience with both the law and the trends within the courts, which enables us to be an effective advocate for your interests. With any questions about the process don’t hesitate to contact us at 415-788-5400 or admin@robbinsfamilylaw.com.

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