Q: How do I start the process of asking for spousal support and other community properties such as a pension plan?
We have not filed for divorce yet, been Married 27 years
A: You've answered your own question. How do you start? You start by filing for divorce. Your petition can set forth what you are asking for, although it will not result in any court orders to that end. But, that's how you start.
A:
In California, the process of requesting spousal support and division of community property, such as a pension plan, typically begins with filing for divorce. However, since you mentioned that you haven't filed for divorce yet, you can take the following steps:
1. Consult with a family law attorney: It's advisable to consult with an experienced family law attorney who can guide you through the process, explain your rights, and help you understand the legal implications of your decisions.
2. File for legal separation or divorce: To formally request spousal support and division of community property, you need to file for either legal separation or divorce with the Superior Court in your county.
3. Serve your spouse: After filing, you must serve your spouse with the divorce or legal separation papers and a summons. Your spouse will have 30 days to respond to the petition.
4. Request temporary orders: You can request temporary orders for spousal support and other urgent matters while your case is pending. This is done by filing a Request for Order (Form FL-300) with the court.
5. Disclose financial information: Both parties are required to exchange detailed financial information, including income, expenses, assets, and debts. This helps determine the appropriate amount of spousal support and the division of community property.
6. Negotiate a settlement or go to trial: You and your spouse can negotiate a settlement agreement that addresses spousal support and property division. If you can't reach an agreement, the case will go to trial, and a judge will make the final decisions.
Remember, pension plans are considered community property in California and are subject to division during a divorce. It's crucial to work with an attorney who can help you navigate the complexities of dividing retirement benefits.
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