Top California divorce mistakes to avoid

Everyone these days is looking for ways to keep costs down, and divorcing couples are no exception.  We see all over the place services offering a divorce for $399, or online ads offering similar low prices for divorces.  These services are generally documents preparers.  Document preparers generally have some experience in filling out the forms necessary for a divorce, but they are not lawyers, do not and have not gone to court, and so they do not know the ramifications for improperly filling out your forms.  They could be depriving you of a benefit that you need, but that you don’t even know about!  Too many times I have had clients come into my office, needing me to clean up a mess a document preparer created, costing them much more money than if they had come to me in the first place.  Use a document preparer at your own risk.  Better yet, don’t use one at all.  Spend a few dollars more at the outset to make sure you get the professional, knowledgeable help you need.

In addition, you must be very careful to complete your forms properly.  In divorce law, there are a great number of forms and disclosures you need to do, such as income, expenses, assets and debts.  You sign these forms under penalty of perjury, so they need to be accurate and complete.  But in addition to these forms, there are other forms that need to be filled out to allow you to let the court and other side know what you want, actually get what you want when it becomes time, have your documents accepted by the court, and have your case completed properly.  While most are straightforward, some have tricky elements that may require a professional to ensure all of your rights are protected.  Do it right the first time to save yourself immense hassle later.

Forms in California divorce: Navigating the document overload

Forms, forms, forms. The life of a family law litigant is filled with forms. The first thing you will file is your Summons and Petition, then every time you want something, you will have to file another form (or two or three). Completing your case involves even more forms.

The bad news? The forms are complicated, confusing, and far from user-friendly. One example is just the title. The title of the form, the name of it, is located at the bottom of it, which is probably the last place you’d look for a title.

More bad news? You MUST fill out your forms properly to (1) convey what you want, (2) get what you want, (3) have your documents accepted by the court (and not kicked back unfiled), and (4) complete your case properly.

The worst bad news? Filling out a form can be devastating to your case. For example, if you fail to make the box for “spousal support” on the Petition for divorce when you first file, then you can never ask for it. Ever. (OK so there are ways to amend your Petition, but this is not easy or common, and is far from guaranteed). So if you file and do not ask for spousal support, then your ex, three years later when you’re still fighting, wins the lottery just as you lose your job, you’re out of luck.

Redeeming news? There’s help out there, all over the place. You can even fill out the forms online here: CA Judicial Council Forms. Just be careful.

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Forms in California divorce: Navigating the document overload

Forms, forms, forms. The life of a family law litigant is filled with forms. The first thing you will file is your Summons and Petition, then every time you want something, you will have to file another form (or two or three). Completing your case involves even more forms.

The bad news? The forms are complicated, confusing, and far from user-friendly. One example is just the title. The title of the form, the name of it, is located at the bottom of it, which is probably the last place you’d look for a title.

More bad news? You MUST fill out your forms properly to (1) convey what you want, (2) get what you want, (3) have your documents accepted by the court (and not kicked back unfiled), and (4) complete your case properly.

The worst bad news? Filling out a form can be devastating to your case. For example, if you fail to make the box for “spousal support” on the Petition for divorce when you first file, then you can never ask for it. Ever. (OK so there are ways to amend your Petition, but this is not easy or common, and is far from guaranteed). So if you file and do not ask for spousal support, then your ex, three years later when you’re still fighting, wins the lottery just as you lose your job, you’re out of luck.

Redeeming news? There’s help out there, all over the place. You can even fill out the forms online here: CA Judicial Council Forms. Just be careful.