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What documents are needed to start the divorce process? What is the typical cost to complete a divorce? How long does it take?

Simi Valley, CA |

We've been married for a long time. Our children are adults and we are both retired.

Also, I have medicare through my wife. Will I lose it if I divorce from her?

Attorney Answers 4

  1. Forms are available from the State

    You should check the website of your counties court, as most have self-help that can guide you through the process.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

  2. 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.

    This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Accidentes, y Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Soy licenciado solo en el Estado de California.

  3. 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

    This answer does not constitute legal advice, and should not be relied on, as each party and case require fact specific responses, which cannot be provided without thorough evaluation of all pending legal issues and case facts. That evaluation can be accomplished during and/or after a comprehensive consultation - 30 minutes free. This answer does not create an attorney-client relationship.

  4. 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.

    This is not intended to be complete legal advice since more of your situation should be known and described to an attorney. A thorough review of your paperwork by an attorney would be highly recommended. If you cannot afford that, perhaps the Family Law Clinic can be of assistance to you. The local website can also help you. There is also a Judgment checklist that describes what is needed to be turned in to the Clerk for a Default Judgment to be processed with an Agreement. That is a category on the sure to review that! It could really help.

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