California Divorce Lawyer

California divorce lawyers can play a major role in helping their clients get the outcome they deserve. Knowing the law and some general rules set forth by the California Bar Association can help you choose an attorney that’s right for you.

Admission into the California State Bar

The California State Bar Association has rules in place which regulate who can be a member of the bar. Among other things, individuals who wish to become a California divorce lawyer must do the following things:

• Finish two years of undergraduate schooling or pass a test showing that she/he has the knowledge of someone who finished two years of undergraduate schooling
• Have some legal education
• Undergo a background check that takes between four and six months to ensure that she/he is of good moral character
• Pass the Bar Examination

Ethical Standards

Rules of Professional Conduct enforced by the State Bar Association specifically state ethical standards that California divorce lawyers must follow. These rules discuss things like attorneys’ fees and confidentiality. Rule 3-500 specifically states that an attorney must “keep a client reasonably informed about significant developments” about his case.

Understand the Process

Perhaps the most important thing for an average person to understand about our legal system is that they, ultimately, have the power over their own representation. One way to ensure that a California divorce lawyer properly represents you is to know the basic process of dissolving a marriage in the state. Below are a few things that will probably happen in your case:

1. Filing a Petition to Dissolve your marriage is the first step that a California divorce lawyer will take in initiating a divorce. If you file the Petition, you are the Petitioner and your spouse is the Respondent.
2. A waiting period must occur for at least six months after the service date of the Petition, which is the date that the Respondent or his representative signs for it.
3. If you have children or if alimony is an issue, either your attorney or your spouse’s attorney will probably file an Order to Show Cause requesting that the court make decisions regarding custody and child support.
4. A discovery period takes place before the court issues a Divorce Decree. The amount of time it takes depends on the complexity of your case. During this period, you will have to give your attorney certain documents so he can properly negotiate on your behalf.
5. Settlement negotiations regarding things like property division and child custody take place. Tell your attorney exactly what you expect and consider his advice carefully.
6. If you and your spouse are unable to agree on custody issues, you will have to go to Conciliation Court for counseling.

Finding a Divorce Lawyer in California

In California, divorce attorneys are plentiful, so you will have a lot of options when searching for one. While you can and should perform research on your own, always check with an attorney to make sure that the information you learn, including the content of this article, is true.

The California State Bar Association does not provide attorney referrals, and instead has a Lawyer Referral Services Program where individuals can call to get a list of attorney referral companies. While relatives and friends may be the best way to get a referral, remember that you are ultimately responsible for your choice. You may face many regrets if you choose an attorney that’s not right for you simply because he helped someone you know. Instead, find one who you trust will diligently fight for you. Be sure to check your attorney’s disciplinary record before asking him to represent you.

Filing for Divorce on Your Own

If you and your spouse do not need a California divorce lawyer and are able to end your marriage on good terms, you may be able to file an uncontested divorce. One way to do this is by filing a Joint Petition for Summary Dissolution of Marriage. By signing this Petition, you and your spouse swear that among other things:

• You disclosed all of your assets before coming to an agreement.
• You don’t own any real property.
• You don’t have minor children.
• Your marriage lasted less than five years.
• Except for car notes, you amassed less than $5,000 in debt individually and as a couple since you wed.
• You have $33,000 or less in community assets.

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