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At What Point Are Papers Signed During The Divorce Process?


At any point in the process the parties can agree and sign a stipulation dividing property and establishing custody and even establishing support.

Does That Make Our Divorce Official On That Day?

You are not officially divorced until your divorce judgment is entered with the court. It is not the date you would made the agreement, nor is it the date if you had a settlement conference and agreed upon everything at that settlement conference, it is the date the formal judgment is entered.

How Long Will It Take For The Finalized Divorce/Custody Decree?

California takes a minimum of six months in a day to get divorced. In Sacramento County it takes 3 to 6 months to have your divorce package processed once the final judgment for dissolution of marriage has been submitted.

What Is The Official Divorce Date?

The official divorce date is the date that the formal judgment is entered. There are rare circumstances where he divorce may be entered retroactively to a date agreed upon by the parties. This is normally only happening if one of the parties accidentally got remarried prior to the divorce being finalized.

After A Divorce Do I Have Any Legal Right To Continue Health Coverage?

You do not have a right to continue health coverage provided by your ex-spouse after your divorce is final.

Can I Remove My Spouse From My Plan Before Filing For Divorce?

You cannot remove your spouse from health coverage during a divorce. Although the law does not prohibit you from removing your spouse just prior to filing for divorce, if it is done in the contemplation of divorce your spouse may obtain a court order to add them back onto your healthcare.

Will A Judge Make The Other Side Continue Health Coverage Of My Child After A Divorce?

In all cases in California if healthcare is reasonably affordable, and it is almost always deemed reasonably affordable if it’s through employment, the court will order that the child remained on that parents’ healthcare. Although that may seem unfair, that parent gets a credit against child support in the child support calculation.

How Does Personal Property Get Separated And Divided In A Divorce?

Personal property get separated typically by agreement, however if there is an argument the judge can get involved and make orders dividing the property.

Can I Take Anything If I Move Out Of The House?

You may take whatever you need when you leave the house that is reasonable. To determine what’s reasonable, one must ask themselves if they were the other party would they think it’s reasonable. It’s not reasonable to take all of the furniture, it is reasonable to take the spare bedrooms furniture. It’s reasonable to take all of your clothing and personal effects.

How Can I Get My Things From The House If The Other Party Is There?

If the other party is still at the house you have the right to enter the house and get your property. If you believe there’s going to be some issues than most police or sheriff’s departments may be contacted for a civil standby where they will have a police officer or sheriff deputy waiting outside or down the street to make sure that things do not get ugly.

Can The Other Party Hold On TO My Belongings Until After The Divorce Is Finalized?

No, the other party may not hold your belongings hostage. If the other party refuses to allow you to take your items you may obtain a court order for them to be turned over to you.

What Should I Do With The Items The Other Party Leaves Behind?

If the other person moved out and left stuff behind, it should be boxed up and placed in a safe spot until it is retrieved by the other party. If the other party refuses to pick it up then it may be considered abandoned each individual case must be examined on its own merits.

For more information on Signing Papers In A California Divorce, a consultation is your next best step. Get the information and legal answers you are seeking by calling (916) 915-8866 today.

California Probate Lawyer Peter Cianchetta

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(916) 915-8866

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