Husband Petition For Dissolution In San Jose
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FAQ
To start a divorce or legal separation, you begin by filling out two court forms: a Petition and a Summons. If you and your spouse (or domestic partner) have children together, you will also need to fill out at least one other form about your children.
Don't let the first time your spouse learns of the divorce filing be when they are served with divorce papers. If you want to set a positive tone for your divorce process, you should be the one to inform your spouse you have filed for divorce.
Starting a separation from your husband requires open communication. Choose a calm and private setting to express your feelings and concerns honestly. Clearly state your reasons for the separation and discuss practical aspects such as living arrangements.
You can't do that if they've already filed. But you can work to settle the case amicably. Start by hiring an attorney that specializes in low-conflict and uncontested divorces. Then talk to your spouse about the financial benefits of an amicable divorce.
When the petition is jointly filed, the spouses are called Co-Petitioners. The husband and wife petition the court together with paperwork that is signed by both parties. The divorce proceeds with both parties in agreement that no one is at fault.
Two simultaneous divorce cases are often started on accident. The couple may no longer be speaking to each other, or may be unaware that the other had already filed a divorce petition. If two cases are started at once, one party will need to withdraw his or her petition.
Community Property There's a clear separation between the two when it comes to marital property. There is a 50/50 division of the couple's property. As long as the property was obtained during a marriage, the woman is entitled to a half share.
DIY Divorce Process in California Check Your Compliance With the Residency Requirements. Collect the Court Papers. File the Paperwork With the Court. Serve Your Spouse. Wait for the Response. Complete Preliminary Financial Disclosure. Draft a Settlement Agreement and a Parenting Plan. Obtain the Final Judgment.
What Not to Say in Divorce Court Don't Lie or Exaggerate During Your Testimony. Don't Call Your Spouse Names or Act Angry or Aggressive. Don't Say Anything Disrespectful to the Judge. Don't Use Words That Suggest Absolutes. Avoid Redundancy and Interjected Opinions in Your Testimony. Prepare, but Don't Rehearse.
