1. A recent credit report- you can obtain this free online from places like freecreditreport.com or Costco

2. Copies of state and federal tax returns for the last two years

3. Copies of your pay stubs for the last two months

4. An organized file containing all of the papers filed in this case, if the case has already been filed

5. A list of basic information for all of the people involved in the matter, including the other party, his or her attorney, your children, and all employers

Bifurcation and Status-Only Divorces

Certain parts of a divorce such as the division and valuation of property, child custody, child support and spousal support can take longer to resolve than we would like. This is equally true whether the parties are negotiating or are preparing for trial. They may bifurcate the issue of marital status and reserve the court’s jurisdiction over all other matters. This can give them the peace of mind knowing that they are divorced, can move on with their lives, and can even remarry, while knowing that they will have the time necessary to properly resolve the other divorce issues.

A status-only divorce helps some people to resolve their more complex financial and custody issues in a detached and amicable manner, and helps save the emotional and financial costs of unnecessary litigation. In today’s economic downturn, people are looking for ways to minimize the costs of divorce. One way to do this, particularly there are issues that may require prolonged litigation or when one of the parties wants to remarry, may be a status-only divorce.

Bifurcating the Date of Separation, Value of an Asset, and Other Key Issues

The determination of a single issue may have an enormous impact on the outcome in a divorce. For example, one of the factors that a California court must consider when determining spousal support is the length of the marriage. The length of the marriage is the time between the date of marriage and the date of separation. If there is a disagreement over the date of separation, this can lead to litigation over the proper amount of spousal support. If the issue of date of separation is bifurcated, a small trial is conducted where the court decides the sole issue of the date of separation. The decision can provide the parties with enough information for them to resolve spousal support without going to trial.

Other key issues that are bifurcated for a separate trial include the characterization of an asset or debt as commuity property or separate property, and the value of an asset such as a home or a business. In the present economy with real estate prices so far down, it is important to know how much income is in a family home before expending resources fighting over it.

Consult with a Family Law Attorney about Bifurcation

Bifurcating a divorce may have serious tax consequences. It is not right for everyone. It can effect your health care and retirement costs, benefits, and obligations. If you are interested in bifurcation and you have a pending divorce , or if you are thinking about filing for divorce, contact a los angeles family law attorney for a free consultation.

After the petition for dissolution of marriage has been filed with the court, and properly served with a summons on the other party, the parties must wait a minimum of 6 months to become divorced. This 6 month waiting period cannot be shortened no matter how simple the matter, how amicable the parties, or how much they want the divorce to be finalized. In many cases, the parties are able to resolve all marital issues including division of property, spousal support, child support, and child custody in less than 6 months and are left counting the days until they can be divorced.

If you have recently moved to California, or live in California but do not meet the 6 month/ 3 month residency requirements, you could find yourself waiting up to 6 months to be eligible to file for dissolution, and then at least 6 more months to actually get divorced. In this situation you may be able to reduce your wait by up to 6 months by filing for legal separation first.

A Petition for Legal Separation Can be Amended to a Petition for Dissolution of Marriage

Legal separation is the termination of certain marital responsibilities without the termination of the marriage itself. People choose to file for legal separation instead of dissolution for religious and personal reasons. Legal separation is also used when the residency requirements for dissolution are not immediately satisfied. California Family Code Section 2321 allows a person to file a petition for legal separation and then amend that filing to a petition for dissolution of marriage after the 6 month/3 month residency requirements are met. In this situation, the amended petition for dissolution can satisfy the residency requirement, and the dissolution can proceed as quickly as if the original petition for legal separation had been filed as a dissolution. Filing and then amending a petition for legal separation can save up to 6 months over waiting to satisfy the residence requirements before filing for dissolution.

It is important to understand that depending upon the facts and circumstances of your marriage, your case, and your spouse, obtaining a divorce in California can take more than 6 months or a year. Many divorces are not finalized within a year of filing. For some people who do not meet California’s 6 month/ 3 month residency requirements, however, filing a petition for legal separation and then amending it to a petition for dissolution can help accelerate the resolution of marital rights and lead to a faster divorce. If you live in California, or out of state, and are thinking about getting a divorce or legal separation in California, you can call or email to schedule a free consultation with a los angeles family law attorney

Separate – Separate Property

One part of a divorce is the division of property. California is a community property state. All property obtained by either party during marriage is presumed to be community property and jointly owned 50/50, unless the acquisition of the property was the result of a gift or inheritance. Any property acquired during marriage that can be traced to separate property is also separate property. All other property, including property that was acquired before marriage or after the date of separation is separate property. Certain actions and/or agreements between the parties can transmute or change the character or the property from community property to separate property or vice-versa. Classification of marital assets as separate property or community property directly effects who gets what and how much.

Separated – Date of Separation

Normally, people consider themselves separated if they have left or been left by their spouse. This can be when you are considering filing for divorce, waiting to file for divorce, or have already filed for divorce. For California family law purposes, the date of separation is the date when either of the parties does not intend to resume the marriage. The date of separation is a precise date with important legal consequences. First, all property obtained after the date of separation is separate property instead of community property. Second, The date of separation, not the date of filing or the date of divorce is used to compute the length of marriage. In some cases, the date of separation is so important that the divorce is bifurcated or divided into two cases, with a separate trial held first to determine the date of separation.

Separation – Legal Separation

Legal separation is an alternative to divorce. In a legal separation, the custody, visitation, property and support issues are all resolved or decided by the court. The main difference between legal separation and divorce is that after a legal separation, the parties are still married. Legal separation is preferred to divorce in two types of cases. First, legal separation is useful for people who want an end to the marital relationship and want the court’s protection over property, support, and/or children but do not want to be divorced for various reasons. Reasons for preferring legal separation include religious beliefs and maintaining health insurance coverage that requires the parties to be married. Second, legal separation is used by people who do not meet the residence requirements for a divorce in California. Filing for a legal separation lets you request support, and property restraining orders before you could if you did not meet the six month state, or three month county residency requirements required for a divorce. A person can file for legal separation, and then once the residency requirements for dissolution are satisfied, amend the original petition for legal separation to a new petition for divorce, using the original petition’s filing date.

If you are thinking about filing for a divorce or a legal separation, you can call a Los Angeles family law attorney to schedule a free consultation.

California is a no-fault divorce state. Legally adequate grounds for divorce, under California Family Code Section 2310 are “incurable insanity” and “irreconcilable differences which have caused the irremediable dissolution of the marriage.” Residency for purposes of divorce requires that one party has lived in the state of California for the last 6 months, and in the particular county where the divorce will be filed for the last 3 months.

You may be eligible to file for divorce in both California and another state

It is possible that you meet the residency requirement to file for divorce in both California and in another state. This could happen if you live in California and your spouse lives in another state, or if your spouse lives in California and you live in another state. In either case, the choice of filing state will dictate which state’s laws will be applied to the divorce. Different states have substantially different laws regarding child custody and visitation, division of assets, child support, spousal support and other family law areas.

If you and your spouse live in different California counties, you may meet the residency requirements to file in either county. In general, the differences between counties’ rules are not nearly as big as the differences between the laws of California and those of other states. However, these differences are significant in some cases. If you are thinking about divorce and believe that you have a choice of state or a choice of county in your case, you should definitely discuss this with a California family law attorney.

You can file for divorce in California if you live in another state or country

As long as you meet the requirements for grounds and residency, you can file for divorce in California regardless of where you live. It might seem strange or counter-intuitive to work with a Los Angeles family law attorney if you live in San Francisco, Phoenix, New York, or London, but it can be very practical. The lawyer in Los Angeles consults with you, and prepares and reviews documents with you, through a combination of regular mail, telephone, internet, email, and videoconferencing, and handles the case there on your behalf. Although you may need to be physically present in Los Angeles for a limited number of court appearances, in many cases the parties are never required to appear in court. Technologies such as a document scanner, online collaboration tools, and video-conferencing can save you the travel, time, and stress of actually going to your lawyer’s office. If you live in Los Angeles or anywhere else, you can call this California family law attorney to arrange a free consultation.