{"id":7118,"date":"2024-03-28T06:08:14","date_gmt":"2024-03-28T06:08:14","guid":{"rendered":"https:\/\/www.atownlaw.com\/?p=7118"},"modified":"2024-03-29T06:11:18","modified_gmt":"2024-03-29T06:11:18","slug":"when-to-file-divorce","status":"publish","type":"post","link":"https:\/\/www.atownlaw.com\/blog\/when-to-file-divorce\/","title":{"rendered":"When to File for Divorce: 10 Signs to Look For"},"content":{"rendered":"<h2><span style=\"font-weight: 400;\">Signs It&#8217;s Time: Recognizing When to File for Divorce<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Are you feeling like your marriage is hitting rough waters? Perhaps you&#8217;re wondering, &#8220;When should I file for divorce?&#8221; Deciding to end a marriage is never easy, and it&#8217;s <\/span><a href=\"https:\/\/www.atownlaw.com\/\"><span style=\"font-weight: 400;\">crucial to recognize the signs<\/span><\/a><span style=\"font-weight: 400;\"> that it might be time to take that step.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Understanding when to file for divorce is a significant step towards a new chapter in your life, and we&#8217;re here to help you navigate this challenging time with clarity and compassion.<\/span><\/p>\n<h3><b>Quick Summary<\/b><\/h3>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Divorce is a legal process to end a marriage, allowing the couple to go their separate ways. It involves sorting out things like property, money, and children, and though it can be emotional, it helps people move on from an unhappy marriage.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">In California, couples can divorce in two ways: by showing irreconcilable differences or one spouse&#8217;s incurable insanity.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Every divorce is unique because each person and relationship is different. However, there are common signs, like communication issues and lack of intimacy, that can help you decide if staying married is right. If you&#8217;ve tried talking and counseling but things aren&#8217;t improving, it may be time to consider divorce.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Before filing for divorce, it&#8217;s important to prepare. You should make copies of important documents, collect personal items, change your passwords, inventory household items, and check your credit.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">To file for divorce in California, you or your spouse must live in California and in the county where you&#8217;ll file. California requires specific forms for divorce, including Summons (FL-110) and Petition (FL-100). If you have children, you also need to complete a form (FL-105) about where your children have lived for the past five years.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">What is Divorce?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Divorce is <\/span><b>a legal way to end a marriage<\/b><span style=\"font-weight: 400;\">. When a couple gets divorced, they are no longer married and can go their separate ways. During a divorce, things like property, money, and children are often sorted out. It can be a difficult and emotional process, but it allows people to move on from a marriage that isn&#8217;t working.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">What Are the Reasons for a California Divorce?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">In California, couples can file for divorce in only two ways. They must show either that there are <\/span><b>irreconcilable differences<\/b><span style=\"font-weight: 400;\"> or that one spouse has <\/span><b>incurable insanity<\/b><span style=\"font-weight: 400;\">.<\/span><\/p>\n<h3><b>Irreconcilable Differences<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">This common reason for <\/span><a href=\"https:\/\/www.atownlaw.com\/family-law\/divorce\/\"><span style=\"font-weight: 400;\">divorce in California<\/span><\/a><span style=\"font-weight: 400;\"> encompasses various marital conflicts that become too significant to resolve. Couples often seek divorce due to:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Money Disagreements. <\/b><span style=\"font-weight: 400;\">\u00a0Disagreements over finances can strain marriages, whether it&#8217;s different spending habits, resentment over income disparities, or financial secrecy.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Infidelity.<\/b><span style=\"font-weight: 400;\"> Cheating breaches trust and can lead to the breakdown of a marriage, particularly if both spouses haven&#8217;t agreed to non-monogamous relationships.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Domestic Abuse.<\/b><span style=\"font-weight: 400;\"> Domestic abuse is not just illegal but also often hidden and not talked about. In divorces where domestic violence is a reason, mediation or negotiation might be skipped because making a victim talk to their abuser again could be very upsetting.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Time Management Problems.<\/b><span style=\"font-weight: 400;\"> Difficulties in coordinating schedules, managing childcare responsibilities, or disagreements over leisure time allocation can strain marital bonds.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Varying Parental Styles.<\/b><span style=\"font-weight: 400;\"> Disagreements on how to raise children, including decisions about education and religion, can create tension within a marriage.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Interference From Other Relatives.<\/b><span style=\"font-weight: 400;\"> There&#8217;s often a belief that in-laws can be challenging, but sometimes, involvement of friends or family members, can disrupt communication and relationships between spouses and their extended families.<\/span><\/li>\n<\/ul>\n<h3><b>Incurable Insanity<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">If one spouse is considered legally insane, the other spouse can file for divorce as long as the insanity was confirmed before the divorce petition. The spouse with the diagnosed insanity must stay in that condition and be declared incurable. Because this diagnosis is challenging, it <\/span><b>must be verified by a psychiatrist <\/b><span style=\"font-weight: 400;\">and <\/span><b>other medical experts first<\/b><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Even if both spouses don&#8217;t agree on why they&#8217;re getting divorced or even if one spouse doesn&#8217;t want the divorce, the process can still start. Courts can grant a divorce even without both spouses agreeing.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">When to File for Divorce in California? 10 Signs It Might Be Time<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">It might be surprising, but every divorce is different. That&#8217;s because each person in a marriage is unique, as is their relationship. However, here are the <\/span><b>most\u00a0 common signs<\/b><span style=\"font-weight: 400;\"> that anyone can notice in their marriage to help them decide if staying married is right for them.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If you&#8217;ve noticed these signs, it&#8217;s best to talk to your spouse and consider marriage counseling. If you&#8217;ve already tried these steps and things aren&#8217;t improving, it might be time to seek help from a divorce attorney.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>You Don&#8217;t Talk Much With Your Spouse Anymore<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Communication issues can strain a marriage, leading to unresolved conflicts. Whether it&#8217;s not wanting to talk about their feelings or difficult topics, or if trying always leads to fights, not communicating well can quickly damage any marriage.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>Your Marriage Lacks Intimacy<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Intimacy is key in marriage for maintaining closeness and strength. It goes beyond just sex to include feeling love and closeness towards your partner. If either partner loses interest in intimacy, it could signal a weakening marriage or potential infidelity. When one partner seeks intimacy elsewhere, the marriage may suffer as a result.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>One Spouse is Causing Financial Problems<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Thinking about marriage as combining two people&#8217;s financial lives might not seem romantic, but legally, that&#8217;s what marriage means. Money conflicts often lead to divorce when spouses can&#8217;t agree on finances, making divorce seem like the only solution.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>Your Relationship Isn&#8217;t a Top Priority<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">After marriage, some prioritize other aspects of life over their relationship with their spouse. While balancing family, work, and hobbies is important, neglecting the relationship can be concerning. Intentionally avoiding time with your spouse may indicate divorce should be considered.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>You Avoid Arguing With Your Spouse<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Disagreements with your spouse can be healthy, showing care for the issue and desire for understanding. Avoiding arguments over important issues can lead to resentment and unresolved problems. Respectful arguments can be productive, but lack of arguments may indicate a lack of willingness to continue the marriage.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>You and Your Spouse Have Very Different Views on Children<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Can&#8217;t agree on having kids or how to raise them? Couples must agree on major decisions like having kids and values to teach them. If there is no compromise on these issues, divorce is probable.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>Thinking About Your Future Makes You Depressed<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Dreading your future with your spouse is a red flag. If the thought of spending time with your spouse makes you feel sad or hopeless, there may be underlying issues that need to be addressed. It&#8217;s important to consider the state of your marriage if you are constantly unhappy.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>You&#8217;ve Given Up Trying to Make Things Work<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Marriage requires continuous effort from both partners to stay happy and fulfilling. If one partner feels like they are the only one putting in work without receiving anything in return, then it\u2019s a problem.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>You Don&#8217;t Feel Like Yourself Anymore<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Don&#8217;t lose sight of who you are in a relationship. Focusing solely on your partner&#8217;s needs can lead to neglecting your own. It&#8217;s crucial to prioritize your mental health and be authentic. Avoid sacrificing your true self to avoid upsetting your partner, as it can harm the relationship.<\/span><\/p>\n<ul>\n<li aria-level=\"1\">\n<h3><b>Your Family Relationships Are Unhealthy<\/b><\/h3>\n<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Constant negativity in your relationship affects everyone. If your relationship is mostly negative and hurtful, it&#8217;s likely getting worse. A healthy relationship should feel balanced and positive.\u00a0<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">What Should I Do Before Filing for Divorce?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">It&#8217;s smart to prepare for your divorce. Here are some <\/span><b>things you can do<\/b><span style=\"font-weight: 400;\"> before you file:<\/span><\/p>\n<h3><b>Make Copies of Important Documents<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Find and maintain records of important documents like tax returns, bank statements, mortgage statements, and credit card bills. Store digital copies securely online. Also copy family photos, videos, and sentimental items.<\/span><\/p>\n<h3><b>Take Your Personal Items<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Collect personal items such as Social Security Card, medical insurance info, birth certificate, passport, etc. Keep them in a safe place to avoid mixing them up during the transition.<\/span><\/p>\n<h3><b>Change Your Passwords<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Change all personal account passwords, including phone, email, social media, and iCloud. Choose passwords your spouse can&#8217;t guess.<\/span><\/p>\n<h3><b>Make an Inventory of Household Items<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Use your phone to make a video of everything in your home. Walk through each room slowly and describe the items as you record. Don&#8217;t forget to include items in your home safe.<\/span><\/p>\n<h3><b>Protect and Check Your Credit<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Check your credit report before divorce to plan for your financial future. Consider getting a new credit card in your name for emergency use.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">How Do I File for a Divorce?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">To get a divorce in California, you or <\/span><b>your spouse must live in California and in the county where you&#8217;ll file<\/b><span style=\"font-weight: 400;\">. California has <\/span><b>forms you must use for divorce<\/b><span style=\"font-weight: 400;\">, and some are required. Every divorce starts with a <\/span><a href=\"https:\/\/www.courts.ca.gov\/documents\/fl110.pdf\"><span style=\"font-weight: 400;\">Summons (FL-110)<\/span><\/a><span style=\"font-weight: 400;\"> and a <\/span><a href=\"https:\/\/www.courts.ca.gov\/documents\/fl100.pdf\"><span style=\"font-weight: 400;\">Petition (FL-100)<\/span><\/a><span style=\"font-weight: 400;\">.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If you have kids, you also need to fill out a form <\/span><a href=\"https:\/\/www.courts.ca.gov\/documents\/fl105.pdf\"><span style=\"font-weight: 400;\">(FL-105)<\/span><\/a><span style=\"font-weight: 400;\"> about where your kids have lived for the past five years.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">Time to Reach Out for Help, Call Us Now!<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Recognizing the signs that it might be time to file for divorce is an important step toward a new beginning. Whether it&#8217;s constant arguments, lack of communication, or other issues causing strain on your marriage, knowing when to take action can lead to a healthier and happier future.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If you&#8217;re considering divorce in California, 805 Law Group is here to help. If you&#8217;re facing difficulties in your marriage and are considering divorce, don&#8217;t hesitate to reach out to 805 Law Group. Our compassionate team of family lawyers is dedicated to helping you navigate the divorce process with ease.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">We can also represent you in <\/span><a href=\"https:\/\/www.atownlaw.com\/criminal-defense\/\"><span style=\"font-weight: 400;\">Criminal Defense<\/span><\/a><span style=\"font-weight: 400;\"> and <\/span><a href=\"https:\/\/www.atownlaw.com\/estate-planning-and-wills\/\"><span style=\"font-weight: 400;\">Estate Planning<\/span><\/a><span style=\"font-weight: 400;\">. Contact us today and let us help you take the first step towards a brighter future.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Signs It&#8217;s Time: Recognizing When to File for Divorce Are you feeling like your marriage is hitting rough waters? Perhaps you&#8217;re wondering, &#8220;When should I file for divorce?&#8221; Deciding to end a marriage is never easy, and it&#8217;s crucial to recognize the signs that it might be time to take that step. Understanding when to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":7119,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1,30],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/posts\/7118"}],"collection":[{"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/comments?post=7118"}],"version-history":[{"count":1,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/posts\/7118\/revisions"}],"predecessor-version":[{"id":7120,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/posts\/7118\/revisions\/7120"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/media\/7119"}],"wp:attachment":[{"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/media?parent=7118"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/categories?post=7118"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/tags?post=7118"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}