What happens when you file?

fps81 · 2021-09-03T19:26:21+00:00

So, nothing happens automatically. When you file, you have to serve your STBX with the filing. You have to schedule the mediation, if there is any, you have to write up the separation agreement, you have to schedule a court date. The courts aren't going to do anything for you. If you even want a copy of things, they're going to charge you by the page for the paper.

When you hire a lawyer, they do all of these things for you, and because they know how to do it, it's typically done correctly.

Alimony calculators typically tell you the maximum you'd be expected to pay. If your ex has a similar income to yours, or the capability to make a similar income to yours, Alimony might not even be a thing. Child support calculators tend to be more in line with reality. CA Alimony laws say that for marriages over 10 years in length, there's no set end date and it's up to the discretion of the judge.

If you have kids and there's alimony involved, I would definitely hire a lawyer. Expect it to cost at least $20K. This seems like a lot, but if you go into this unprepared, you'll pay more than that in alimony in the first few months.

lemmingsrevenge · 2021-09-03T20:04:49+00:00

Dude you make 200k. Pay for a lawyer. If your ex gets a lawyer you will handicap your case.

It's cheaper in the long run to have it set up right from day 1, then trying to fix it later.

Alimony isn't guaranteed, and it's really meant for parties where one worked and the other stayed home. Again this is something a lawyer is key on.

Imagine how much of a lawyers time you can utilize with the 4 k a month of alimony that might not of been ordered if you did it right.

Date of separation is the line for division of assets and debts. Anything you spend or make after that date is solely yours. It will be helpful if you don't cohabitate so it's clear that there was a separation. But if you increase your income that is factored into your ability to pay for both alimony and child support.

The six months doesn't mean that court process doesn't progress. You'll still have hearings at the like, but the dissolution judgement won't be issued until after 6 months.

NothingIsEverEnough · 2021-09-03T21:13:07+00:00

$200k, probably want to get a lawyer if you want to avoid life time alimony

PestilentMexican · 2021-09-03T21:32:49+00:00

Commenting on your question about freezing of assets. This applies only to “community” assets. Typically anything of value collected during marriage. Once you have “separated”, this date is defined as when one party informs another that they are filing for divorce. This can be a date before you file. Anything you earn after the date of separation is yours free and clear with the exception that the income will be used in alimony and support calculations. I believe in CA they say there is a “restraining order” on community property. Of course if you can get your STBXW to agree in writing on the sale of something you can do it.

However the once exception to the community property rule is community funds can be liquidated to pay for legal expenses. You can tell the lawyers wrote the book on this…

Title	What happens when you file?
Author	tanotsurewhattodo12
Upvotes	5
Comments	13
Date	September 3, 2021 6:53 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/phbeer/what_happens_when_you_file/
Archive Link	https://theredarchive.com/r/Divorce_Men/what-happens-when-you-file.1067067 https://theredarchive.com/post/1067067

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