How do I file for divorce?
You and your spouse may be considering getting a divorce, but you might not be sure how to get the process started. There are some key factors to take into consideration when filing for divorce. Consulting with a divorce attorney may be your best option, but there are ways of taking the necessary steps to prepare for the divorce proceedings before talking to an experienced lawyer.
State divorce laws
First and foremost, the divorce laws are variable from state to state. You may want to check what your resident laws are in regards to the divorce niche. These components can consist of child support, child custody and other divorce measures that you may not know exist. If you got married in another state, you can usually file in your current vicinity so long as you have been a resident for about six months or more.
How to start a divorce
The petition for divorce is normally the initial step to begin the process. This is normally filed in the circuit court of one spouse’s current residence. In general, this form requires basic information about the reasons for divorce, whether you are looking for alimony or any child support payments. It might be possible to access this form on the internet that could provide you with online legal help or through your county’s courthouse.
The divorce papers
Supporting documents may also be included with the petition. This paperwork may inquire about the total assets from each spouse. These assets include liabilities, debts, income and other related financial matters. Once these documents have been successfully filled out, then you and your spouse may file.
Each state has its own set of rules for filing, so you will want to check those legalities. There may also be a fee to pay when submitting the divorce papers. The serving process usually begins once the petition and necessary documents are submitted. This period will most likely last until the other spouse responds to the notice or they will have to risk losing any parental rights in the divorce.
Getting all the aspects of a divorce according to state laws can be difficult and sometimes an overwhelming burden. This is why it might be a good idea to hire a divorce attorney who can look over your assets and possibly help you get what you want from your divorce and protect your rights.
How to prevent my ex spouse’s debt from getting discharged? If you are worried that your ex spouse may be using false statements in a bankruptcy, you may not know how to prohibit the paperwork from going to bankruptcy court. In some cases, you might be the co debtor with your ex spouse and do not want to get involved with the banrkuptcy filing.
First, if you divorce papers state that any of the debts where you are a co-debtor were to be her debts alone, paid by her and you were to be held harmless from having to pay any of them, then you can file an Adversary Proceeding as any debts she was to pay under a divorce decree which you would now be stuck with due to her filing bankruptcy can be kept form being discharged and if you have to pay them, you can go after her for reimbursement. Second, if you believe she has not listed assets she has, or has hidden assets or transferred assets within the past four years and therefore not listed them in her bankruptcy papers, then you could write a letter to her bankruptcy trustee stating what those assets are and that they were not listed ,or were hidden, or were transferred, which would a reason for the trustee to request a denial of discharge. Or you could file yourself, or add with the Adversary Proceeding for divorce debts, a cause of action to deny discharge based on fraud for not listing assets she has or assets hidden or transferred and not listed in her bankruptcy papers.
This answer pertains to individuals in the state of California.
Answered by:
Jeffrey D. Schreiber
Location: San Diego, California
Phone: (619) 269-8600
