What are the five most important things to consider before getting a divorce in California?

1. What kind of attorney are you going to get? 

For people with complex divorces or with a large amount of assets, it is important to be more selective in your choice of representative. A certified family law specialist is usually the most qualified choice for these types of cases.

To be certified in a legal specialty, an attorney must pass a written exam in the specialty, have at least five years of continuous practice with 25% of their work in the specialty, complete advanced continuing education, demonstrate comprehensive experience through varied cases, and receive favorable evaluations from peers and judges. Those attorneys who have been certified are experts who can provide you with vastly more experience and skill in difficult divorce cases, providing you with an edge in your case.

2. You need to be aware of your financials

It is important that you collect as much information about your financial situation as you can if you are anticipating filing for divorce. This means cataloging what you and your spouse own, both assets as well as debts that you owe. Try to collect income information for both you and your spouse, and do your best to educate yourself on your financial status so that you can bring all of that information to your attorney. Create a checklist of important documents, such as tax returns, bank statements, and property deeds, to ensure nothing is overlooked.

3. Do you know what would be best for your children?

If you and your spouse obtain a divorce and you have children, then you will have to consider what the custody arrangement will be after your divorce. California takes a child-centric approach in divorces, focusing on what is in the best interest of the child. The judge in your case will look at factors such as what will encourage the most stability and continuity for the child, which parent is most likely to share the child, and will weigh the educational, welfare and emotional needs of the child.

4. Is a divorce or a legal separation right for you, and what are the differences?

While divorce is the more common and traditional form of ending a marriage, there is another alternative in California for those who do not wish to obtain a traditional divorce called legal separation. Legal separation is functionally identical to divorce in terms of process, you follow all the same court processes, asset distribution, child custody agreements, and the like that you would if you were getting divorced.

The main difference is that you will end the legal separation process as still legally married. This can have certain benefits for couples that choose this option. First and foremost, if legal separation is not viewed as a permanent solution, it makes it easier for the couple to reconcile and end the separation rather than remarry. Secondly, while separated, you maintain the financial benefits of being married, such as filing taxes jointly, and can remain on the same health insurance plan. Lastly, for some couples divorce is not an option under their religion, so a legal separation is an ideal solution to allow them to separate without violating their religious beliefs.

5. What is your plan for after your divorce?

Preparing for your divorce is important, but it is equally important to take some time to plan for what will come after your divorce. Because this is one of the most significant actions you can take in your life, divorce has many outcomes that you will need to make plans for. This can be made a much easier process when you work with a certified family law specialist, as they will be familiar with all the nuances of even the most complex types of cases and can help you effectively plan for your transition out of married life.

Your plans will differ greatly depending on whether you are paying or receiving spousal support from your former spouse, if you are the one paying, you will need to make plans to accommodate this new expense. Additionally, if you have children you will need to make plans for fulfilling your obligations under the custody agreement, such as time sharing and financial support. If you have a house, it may be necessary to consider if you will be able to afford it on your own. Other shared assets such as savings accounts, investments or retirements assets will also need to be reviewed for potential changes. Consider engaging a financial adviser to help create a sustainable budget and financial plan post-divorce. Your certified family law specialist will be able to assist you with all of these considerations when you are ready to file for your divorce.