You, your spouse, your family, and your marriage are all unique, but the forms that you’ll file to begin the divorce process are not. Depending on whether or not minor children are involved, there are two or three forms that you’ll need to file. Because your divorce will directly affect your future, better understanding these initial forms is an important first step. Further, having the legal guidance of an experienced Redlands divorce attorney on your side can make a significant difference in the outcome of your case and in your ability to successfully protect your parental and financial rights.
The Petition for Divorce
The Petition for Divorce sets the divorce process in motion, and it requires you to share all the following:
- Your attorney’s contact information
- The appropriate county court
- Your name as the petitioner – or the spouse seeking the divorce – and your spouse’s name as the respondent
- Your legal relationship – whether married, domestic partners who established your partnership in California, or domestic partners who established your partnership elsewhere
- Your residence requirements, which involve one of you living in the state for at least six months and in the county in which you file for at least three months prior to filing
- The statistical facts of your marriage
- The names of your minor children – as applicable
- The legal grounds for divorce, which are very limited beyond no fault – or irreconcilable differences – in the State of California
- Your requests in relation to the division of your marital property, your child custody arrangements, child support, and alimony
- Any properties or assets that you are claiming as separate
- You and your divorce attorney’s signatures
- Your acceptance of the automatic divorce restraining orders, which include not moving your children out of state, not altering your insurance policies, and not artificially spending down or altering your marital assets without your spouse’s consent
The Summons
The Summons lets your spouse know that you’ve begun a court case and outlines what can happen if they fail to respond within the requisite 30 days. The Summons also includes automatic divorce restraining orders.
The Declaration under Uniform Child Custody Jurisdiction and Enforcement Act
If you and your divorcing spouse share minor children, you’ll need to file the Declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This informs the court where your children were born, where they live now, and whether they are involved in any other court cases.
Turn to an Experienced Divorce Attorney for the Help You’re Looking For
If you’re headed toward divorce, now is the time to seek the legal counsel you need, and the accomplished divorce attorney at Gramling Law Group is standing by to help. We take immense pride in our proven track record for successfully guiding challenging claims toward advantageous outcomes, and we’re here for you, too. Learn more by calling us today.
Raised in Loma Linda, Daniel earned degrees from La Sierra University and the University of La Verne. Committed to affordable legal representation, he initially worked at the Los Angeles Dependency Lawyers, helping reunite families, and later as a successful public defender in Riverside. Recognizing a need for affordable family law services, he founded Gramling Law Group to advocate for clients in family and criminal defense cases.
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