If you are overwhelmed with your divorce proceedings, whether emotionally, financially, or legally, you’re not alone. Navigating the legal processes is difficult enough when you don’t have a vested interest in the outcome. As if there wasn’t enough pressure, making a mistake can cost you money and/or delay your case. Follow these tips for top mistakes to avoid during a divorce in Shasta County.
Eric Alan Berg & Associates has been in practice for over 36 years. With such extensive experience, we’re more than prepared to assist you with your divorce. Our team cares about your well-being and strives to protect your needs and interests throughout the legal process.
Petitioners must adhere to all divorce laws. For instance, California requires one of the individuals petitioning for a divorce to have been a resident of the county where the divorce is filed for at least three months. If you file in the wrong county, you’ll have to refile in the proper county or wait out the three-month residency requirement to refile. Either way, you’ll have to pay the court submission fees again.
Shasta County divorce cases are subject to various requirements and forms, like the FL-150 Income and Expense Declaration, which must be filled out perfectly. If forms like this are not completed correctly, they will most likely be returned to you for revision and resubmission. Not only does this delay the progress of your case, but it can also cost you money if there are fees associated with refiling or missing a window of time.
California views property acquired during a marriage as community property that will be split equally upon divorce. If one party does not disclose all the assets or attempts to hide assets, it can lead to an imbalance in support orders and even court penalties. Don’t downplay your income or hide assets. Report everything, including your 401K, your digital assets like stocks and cryptocurrency, and business valuations.
You can ensure you cover all your bases by submitting all your financial records, including tax returns, bank statements, investment account statements, paycheck stubs, and any other disclosing documents. Providing transparency of finances is essential in divorce cases.
You may have to hire a third-party or forensic accountant to discover hidden assets if you believe your spouse may be hiding assets or failing to report them. Working closely alongside a family law attorney can provide invaluable advice on such matters. Furthermore, a good divorce attorney should have trusted associates who can investigate your spouse’s finances if necessary.
Most divorces have some degree of animosity between the parties. Despite this, the Shasta County Family Court, like most courts, expects parents to put their feelings toward each other aside for the sake of their children. Parents who go into a custody hearing with an unwillingness to compromise on parenting time and custody make a big mistake. The judge will notice when one parent is uncooperative.
Instead, keep logs of schedules and school records, and show the child’s involvement in extracurricular activities when there is a dispute over who should have primary custody. Exhibit a positive attitude towards your child’s relationship with the other parent. If you have a concern for your child’s safety, your case will require an entirely different approach, and you should talk to your Shasta County family lawyer about your concerns.
One of the top mistakes to avoid during a divorce in Shasta County is failing to hire a divorce lawyer. Individuals who think they can have a DIY divorce often find themselves in over their heads. This is more so true when there are complicated property division issues or disputes over custody and/or support.
Instead, speak with a local family attorney about expectations and costs early on so you know what to expect. You should also ask about alternative options, such as mediation, to help facilitate your divorce. This can save you time and stress down the road.
In 2023, almost 13% of the Shasta County population was divorced. This is significantly higher than the national percentage of divorced individuals, which was 9%. Shasta County has been hit hard lately with natural disasters, like wildfires and flooding. Many community resources have been depleted, such as schools closing. As a result, the region, especially Redding, is stricken by mental health issues and poverty. These factors may contribute to the high divorce rate.
A: The 3 Cs of divorce are communication, compromise, and cooperation. When a divorce is based on these three crucial principles, the whole process can go more smoothly and end up being less stressful for everyone in the end. This also makes it easier for the children, if there are any involved, as they can be burdened by an upsetting divorce as well.
A: Asking for a divorce is never an easy conversation to have. Rather than asking, express what you want in statement form, using ‘I’ statements rather than ‘you.’ In other words, avoid blame or accusatory phrases that can make your spouse feel attacked. Maintaining a level head without using defamatory language or acting threatening in any way can make the conversation go slightly better.
A: If you’re trying to prepare for a divorce in California without alerting your spouse, you should first ensure you have some sort of support network. Start by collecting financial documents discreetly to avoid arousing suspicion. Speak with a lawyer in private and ask for advice regarding your particular situation. Every divorce case is different and warrants a unique plan and timeline, especially if you are planning on keeping it under wraps.
A: In some cases, moving out in a divorce can give the impression that you are abandoning your responsibilities. This could put you in a bad position regarding custody or property rights down the road. However, every case is unique, and it may not be the biggest mistake in some households, especially if both parties agree to a separation. To be sure, speak to a family lawyer about your circumstances.
If you are facing a divorce and would like to speak to a family lawyer, Eric Alan Berg & Associates can help. We have extensive experience in divorce cases, as well as other areas of family law. Contact us to discuss your case with a member of our knowledgeable and compassionate legal team.
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