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Sacramento Divorce Lawyer and Sacramento Estate Planning Attorney

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starting the sacramento divorce process

How Do I Start the Sacramento Divorce Process?

Starting the Sacramento divorce process can be an extremely stressful event, especially for those not familiar with family law. This article will provide you with an overview of the divorce process in Sacramento divorce court. While this won’t eliminate the emotional stress of a divorce, it will help you navigate the legal side of the procedure. There are many steps you must take to finalize a divorce in Sacramento. If you want to start the Sacramento divorce process, the first step is to make sure that you meet the jurisdictional requirements. In California, this means at least one partner needs to have California residency and live in the county in which the divorce is filed. You must also be sure that all the proper paperwork is filled out completely and accurately, as inaccuracies cause delays and can halt the dissolution process. If you are filing for divorce in Sacramento, your paperwork will need to be filed with the clerk of the Family Law Court off Power Inn Road.

Summons and Petition for Dissolution in Sacramento

To file for divorce in Sacramento County, you need to complete the proper divorce documents before you go to the Family Courthouse. After you have filed your divorce summons and petition, you must have your spouse personally served. The divorce summons is legal notice that you suing your spouse for a divorce. The petition for divorce is the terms you want to be included in the judgment. These terms include spousal support, child custody, child support, division of assets and debts, name restoration, and more. Your spouse must be personally served with the summons and the petition for divorce; however, the law does not require a spouse to participate in the Sacramento divorce process.

How Long Does the Sacramento Divorce Process Take?

The time it takes to get divorced in California varies depending on the circumstances. For most people that want to be restored to their single status, the Sacramento divorce process will take a minimum of six months and one day. A divorce is considered final once the judgment documents have been filed and then signed by a judge. It is possible to complete all of your divorce documents before the six months and one day is up. If you are able to do this, the judgment will bear the date that your marital status will be restored to single. For many people, the Sacramento divorce process can take a year or more. This generally happens with high conflict divorce cases or the parties do not know how to finalize their dissolution of marriage.

What do I do if my Spouse Does not Participate in the Sacramento Divorce Process?

Filing a request to enter default divorce proceedings may be necessary for some circumstances. In layman’s terms, this means that your case may proceed with permission from the divorce court if your spouse fails to respond to your divorce documents. Many people don’t know what to do if their spouse does nothing after service of process has been completed. It is a daunting and complicated process for those that have no experience with the Sacramento divorce process and what is required to push their case through the family court. If you find yourself not knowing what to do, you may need to contact a divorce paralegal or a Sacramento divorce lawyer.

What are Financial Disclosures in a Divorce?

The Sacramento divorce process involves the preliminary and final declaration of disclosures. The preliminary declaration of disclosure requires that you reveal all of your assets and debts to your spouse. It does not have to include balances or values, however, preliminary disclosures must properly identify each asset and debt. Preliminary disclosures must be completed to move forward with your divorce after the summons and petition are served on your spouse. You may be able to waive final disclosures, however, you should contact a divorce attorney in Sacramento to help you determine if doing so is in your best interest.

What do I do After Financial Disclosures are Completed?

As divorce attorneys often say; it depends. What you need to do next in the Sacramento divorce process depends whether your spouse is participating in the process, whether there is an agreement, or whether there are disputes that require a judge to make a decision. It is not wise to move forward with a dissolution of marriage unless you know your rights and what you may be giving up.

If you want to start the Sacramento divorce process but don’t know how, contact Sacramento divorce lawyer, Justin Anton McCrea at 916-601-9441. The Law Office of Justin Anton McCrea can also help you through the process if you have already filed and are stuck.

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