A divorce is both an emotional and financial event with far reaching implications. Although a divorce can be obtained in California without “cause” it is always wise to obtain the advice and counsel of attorney to provide assistance.
Because of the financial implications involved, both in terms of support and property division, when considering a divorce it is wise to plan ahead by obtaining copies of financial documentation (such as tax returns, financial statements, computer records, appraisals of property, and pay stubs) in advance of filing so as to avoid the sometimes huge costs of trying to get this information after the fact.
When there has been a history of emotional issues or domestic violence, the emotional reaction of the spouse must be considered and appropriate steps taken when notice is given of the pending divorce. Under such circumstances, it may be wise to secure housing or the assistance of family and even law enforcement at the time notice is given to the other spouse.
Once a divorce action is filed by the petitioner and when served upon the respondent, automatic temporary restraining orders (A.T.R.O.’s) immediately go into effect, which prohibit either party from doing a variety of things, including: transferring funds, closing accounts, or selling of property. A violation of the A.T.R.O.’s can subject a party to sanctions by the court.
The filing for a divorce allows the court to make a variety of orders, including orders for: spousal support, child support, child custody and visitation, exclusive use of property, residence exclusion orders, and attorney fees.