Santa Barbara Petition for Dissolution Lawyer

Whether you are considering filing for a Santa Barbara dissolution of marriage, have already been served with divorce papers, or just want to discuss the options for ending your marriage, we can help. Our dedicated Santa Barbara marriage dissolution attorney Evan Braunstein will meet with you to discuss your situation, and work to provide you with a clear understanding of the legal and financial consequences of getting a divorce in Santa Barbara. We will give your case the professional care and individual attention that you deserve. Every case and every client is unique, but our goal is always to help you preserve your financial and emotional resources and enable you to move on with your life.

How Do You File a Petition for Dissolution in California

Know Your Options

If you are ready to end your marriage in California, you need to be fully prepared before you file the petition for dissolution. Proper preparation involves several different steps, the first being that you have to decide if you want to file for:

• Divorce;
• Legal separation; or
• The annulment of your marriage.

Additionally, if you were married for less than five years, have no children and possess limited assets, you may be eligible to get a summary dissolution, which is a simplified and faster procedure. To determine what is the best option in your case, it is a best practice to consult with an experienced Santa Barbara family law attorney.

Prepare Yourself for the Split

Beyond the legal preparations, you also need to prepare yourself emotionally and logistically. Our attorney Evan Braunstein understands that you are going through a sensitive time and that you have a difficult decision to make, and he will always provide you with the compassionate, skilled legal representation that you deserve. Some of the specific things you should keep in mind when preparing yourself for divorce in Santa Barbara, CA include:

• Always try to remain calm and clear-headed;
• Consider using a collaborative method of divorce, such as mediation;
• Organize your financial documents and records so that you are ready for any property division disputes or negotiations;
• Consider all issues related to your children, including child custody and child support;
• Think about the logistics, including post-divorce housing arrangements; and
• Be ready to seek professional help, including both legal guidance and relationship counseling.

File Your Petition for Dissolution of Marriage

Finally, when you are ready to move forward with your case, you will need to file your petition for dissolution of marriage, in accordance with California state regulations. This can be a complicated process, so it is best to work with a qualified attorney, especially if you have minor children or valuable assets. There are four basics steps to this part of the process:

1. You must complete the required court forms, including Form FL-100.
2. You must file the forms with the appropriate court clerk, and pay the processing fee.
3. Someone (not you) must serve the marriage dissolution papers on your spouse.
4. Within 60 days of the date you file for dissolution, you must complete and submit all required financial disclosure forms, and you must have your declaration of disclosures (Form FL-140) delivered to your spouse.

Responding to a Petition for Dissolution

Being served with divorce papers, especially if it is unexpected, can be incredibly difficult to deal with. In some cases, it can be downright heartbreaking. At this time, the best thing you can do is to take action to protect yourself. You should respond to the petition for dissolution of marriage. If you have minor children or assets you want to protect, it is imperative that you seek legal guidance from a qualified Santa Barbara divorce attorney. Your options to respond are as follows:

• Fail to act: Though it is almost always a bad decision, you have the right to decline to respond at all. If you fail to respond, you are giving up your right to participate in the legal process. This means that the court will rule on all issues in your case based solely on the information provided by your spouse. Of course, that information is likely to be biased, and may even be wholly inaccurate. The bottom line is that you should respond. You need to tell your side of the story.
• Find a mutual settlement: There is another way to get an uncontested divorce in California that does not involve giving up your rights. You and your spouse can reach a mutual, out-of-court agreement on all key family law issues, and you can have that agreement submitted to the judge. If you choose to go this route, you should be represented by a Southern California divorce attorney who can protect your financial and parental interests during settlement negotiations. 
• Contest the case directly: Finally, you have the option to contest the marriage dissolution petition. Under California law, you only have 30 days from the date when you are served with divorce papers to file your response. If you want to reach a mutual settlement, but are not quite ready, you will likely need to file a response and contest the case. Either way, after being served with divorce papers, you need to get those papers to a qualified attorney immediately.

Contact Our Top-Rated Santa Barbara, CA Dissolution Lawyer Today

At the Law Offices of Evan Braunstein, our compassionate California marriage dissolution attorney is standing by, ready to assist you with your case. To schedule your free family law consultation, please call us today at (424) 289-6564. Our firm is located in Santa Barbara, and we serve clients throughout the greater Los Angeles region, including in Inglewood, Hawthorne, and Santa Monica.