Serve your spouse with the petition and a subpoena. This is called a “service process” and will officially inform your spouse that you have initiated the divorce proceedings. Check state laws to find out how to serve someone properly. Most states allow certified mail service, requested return confirmation. If your state is one of the few that does not authorize a service by mail, you must send a legal counsel, a private service company or a disinterested adult to personally send the papers to your spouse. When it comes to the distribution of real estate as part of a California divorce, you must first identify all community real estate (and debts) and then decide how to distribute them. Many people don`t know how much common goods to share, how it can be: if you use lawyers and the divorce is not reciprocal or you don`t reach an agreement on the right to be, the distribution of real estate and the possibility of food, you will probably have two different lawyers to defend your individual interests and interests. These lawyers will submit your two different positions to the judge at the preliminary conference, and the judge will make recommendations for a fair solution. These recommendations do not bind the parties, but help determine what will happen in the study. They are also often an incentive to agree before the trial date. In the next section, you want to talk about the fact that you and your spouse both accept the terms of the agreement in this document (that your divorce will be indisputable); this acceptance and your reported signatures make the treaty legally binding. Once you`ve done all the paperwork, it`s time to read it meticulously to look for errors or omissions.
Make sure it`s perfect for anyone who reads it. If your agreement is full of errors, typing errors and errors, it can not only damage the credibility of your case, but also create opportunities for misunderstanding. Consider reading a family lawyer (or paralegal in some places) before submitting your consent to the court. While waiting for the hearing, you and your spouse can enter into the terms of your divorce agreement if parts of the divorce agreement are still being negotiated. As a general rule, you will file your divorce contract before the hearing to give the judge time to verify its terms. Add copies of court decisions already made in the context of your marriage or child custody.