Asked 7 months ago - Simi Valley, CAFlag
Long marriage, grown children, and both retired. Have Medicare through my wife. Will I lose it if divorced from her?
The initial pleadings necessary to start your case are like all legal matters: a Petition and Summons. Thereafter, each party is required to complete disclosure documents to insure everyone has the same information as to assets/debts and income/expenses. Your matter could be resolved through the services of a mediator who can assist you in preparing all the forms and work with you and your wife to reach an amicable agreement without the need to expend the costs of retaining two attorneys. The length of the process is more in your control when mediating rather than the courts who have busy calendars
I would highly recommend that you check on-line to see if your local Family Court has a website that helps instruct people as to the needed forms. There could be some local forms that are required. I practice in Santa Clara County, and there are two local forms that accompany the standard CA forms. There are some decent self-help books out there, but the Court, self-help clinic, or local Bar Association may have some information for you to look through. It is not necessarily difficult to file for divorce, but there are certain forms needed and certain requirements that you need to know about the how to complete the particular forms. It can be overwhelming for people...sometimes even one consultation with an attorney will be enough to help you complete a "simple" filing.
You can start with FL-100 and FL-150. Uou must attache your last two pay stubs to the FL-150. It may take you 7 months maybe more. It all depends on your paperwork. You might want to go to a lawyer and get help filing your papers. It seems as if you both are already retired, so there might be little in spousal support issues. You have not addressed the community property, but you are entitled to half of that. The cost for a simple divorce is between $1,200 to $2,500.0 depending of your area. Best of luck.
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