What to do after being served divorce papers in California?

If you have just been served with divorce papers, what’s next depends heavily on your specific family situation. If you have a child, there are three key areas you will need to address. However, this process is divided into immediate needs and long-term resolutions.

Here is what you need to focus on next, broken down by the timeline of your case:

1. Immediate Concerns (What You Need Help With Right Away)

When the process gets going, you will need to handle immediate issues regarding your children and financial survival. If you are unsure of how to navigate these initial steps, consulting with a family law attorney or a divorce attorney can help you protect your rights.

· Custody and Visitation: You will need to address two types of custody:

o Legal Custody: Deciding who makes important decisions about the child (whether it will be shared jointly, given to only one parent, or shared with one parent having tie-breaking authority). If you need to secure decision-making rights, a qualified child custody attorney can assist you.

o Physical Custody: Determining how much time the child spends with each parent. The judge will look at the status quo and continuity for the children to make this choice. Parenting time is connected with support.

· Support: You will need to address financial support, which is typically calculated using a specialized computer program:

o Child Support: This is determined primarily by how much money each spouse makes (or is capable of making) and the percentage of parenting time each parent has. Because parenting time drastically impacts these figures, parents often fight over parenting time.

o Temporary Spousal Support: Calculated at the same time as child support using the same software program. But keep in mind that judges have a great deal of discretion and there are multiple factors determining spousal support.

2. Emergency Factors (If Applicable)

If your divorce involves safety or stability concerns, your immediate next steps will change drastically:

· Domestic Violence: If domestic violence is involved, you can immediately ask for a domestic violence restraining order. A domestic violence restraining order attorney or dvro attorney can help you file for a temporary restraining order ex parte (as an

emergency without prior notice to the other side). This can force the abuser to move out immediately and strip them of custody. A permanent hearing must then be set within 21 days.

· Substance Abuse or Mental Health Issues: If your spouse has these issues, it is harder to prove. You must immediately go to court and file a request for orders. An emergency custody lawyer Los Angeles can guide you through gathering the necessary evidence for court.

· Social workers may get involved: Mark Tseselsky does both family law and juvenile dependency law so we can help you if your family is being investigated by Child Protective Services (CPS aka DCFS in LA County)

3. Long-Term Concerns (What Comes Last)

You do not need to resolve everything immediately. The final piece of your divorce is the division of assets and debts. This area always comes last and will be officially resolved down the road at the time of a final trial or a stipulation (agreement). Often times the key to a speedy resolution of concerns is to get the Preliminary Declaration of Disclosure (PDOD) done early! You cannot get divorced without PDOD because spouses are fiduciaries to each other!

Summary of What To Do Next:

Your immediate next step is to prepare for the upcoming decisions regarding your children and temporary financial support. If you are facing complex issues like abuse, social workers are getting involved in your family’s life, or if you want to know how to get custody in California, it is highly recommended to search for a family law attorney near me or a child custody lawyer Los Angeles to ensure you do not miss critical deadlines after being served.