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Could anyone please point me to a detailed divorce process flowchart for contested divorce in California? There are many basic and simple process maps available, but I need a real one.
I've spent over $30,000 for attorneys to only get me through the initial stipulated temporary agreement and some discovery. I'm very organized and will now be going pro per. The primary disputed issues are spousal support, child support, date of separation, and incentive stock option grant interpretation. I am capable of performing each step of this process, but I first need to know what the steps are, what their constraints are, and when to perform the steps.
----------- Thanks everyone who contributed useful information.
I agree that I would be better off not being pro per, but it's a moot point for me unfortunately, and therefore a waste of anyone's time to remind me. I understand fully that divorce is much more complex than chess, not binary, etc etc. However not applicable in my case. I'm certainly not on this site because I enjoy arguing, so I'll not participate in arguing or answers to questions that I didn't ask. But just this once, here's some comic relief:
There's an app for that - 3 years ago already the mobile phone app Pocket Fritz beat the Copa Mercosur tournament with a rating of 2898. Chess engine flowcharts are readily available.
But again, thanks for the actually useful info.
Last edited by PropriaPersona on Tue Apr 24, 2012 8:35 pm, edited 1 time in total.
Fatheroffour wrote:I see that a lot in my profession.
"I can do it, just tell me how."
The book 'How to do your own divorce in California' has lots of info, with lists and flow charts and a CD with all the forms. It is pretty good, but not everything you need to know. The book tells you several times that if you have kids, or lots of assets, or your ex doesn't agree to just about everything, then you need to hire a lawyer. They have lists of lawyers in the book too.
The court I go to has a help center for pro per litigants, I think every court does. You could go there, but mine is only open Mon-Thur during the day. Also, just read that all courts are going to be shutting down even more due to more budget cuts, so hours might be limited and calendars are going to be tighter for all cases.
Plumbers need schematics. Pilots need aviation charts. Anyone designing or working any complex process or project uses process flow charts. Bottom line, I'm pro per, working the project of my divorce & am looking for the relevant process chart.
PropriaPersona wrote:Plumbers need schematics. Pilots need aviation charts. Anyone designing or working any complex process or project uses process flow charts. Bottom line, I'm pro per, working the project of my divorce & am looking for the relevant process chart.
You see, right there - that's where you are WRONG.
It's not a route you follow, nor a systematic process, nor a project you simply manage. This is not something you can approach with Boolean logic, Mr. Engineer. What you're asking for is a flow chart for a game of chess. The fact you even think this is some sort of sequence of steps indicates you are not clear on the concept at all.
There is a reason you can't get a GED from a Law School. Are you just too cheap to pay for the necessary professional services you require?
If you find something offensive in what I write, please accept my apology in advance. (Not that I'm going to change anything just because you don't like it, but it's not my goal to offend anyone.)
Yeah, pretty much. That's why the book (and every other resource you'll find) says if it is anything but the best case scenario (that means you and wife both want it, you haven't been married for more than a few years, you have no kids and no property to divide and nothing to argue about) you will need a lawyer or have a very high likelihood of getting your sh[i]t fuc[k]ed up.
There are processes, but their variations are incalculable. Not necessarily unlimited, but incalculable. Unless you have the best case scenario, you can't predict what will happen and the best way to deal with it.
I'm in pro per, so I'm not arguing from a personal standpoint that you need to get a lawyer, but you probably should. If you can afford it and want better odds in court, you definitely should.
For what its worth, I'm an engineer and I approached the family court in much the same way you are planning to. I hope you can learn from my experience.
I went through a case with an attorney thinking that they would fix my problem, after all, it was very clear that I should spend the majority of time with my kids. Well, things didn't work out so well. I got an unfavorable outcome and my attorney basically sat on his hands and collected large sums of money from me. He didn't present any of my evidence in court. I was broke, paying over 50% of my income to my X and she was treating the kids like dirt.
So, I decided that the only way that I could pursue justice was to learn everything there was to know about family law and apply it to my case. I purchased several law books, and even a large volume guide for family law attorneys in my state (written by my judge no less). I was learned on the subject and ready to pursue my case anew.
I wrote well written pleadings and formed a good case. My X got a decent attorney. I went through several rounds of preliminary items and finally went to court where the judge dismissed my petition for modification. In that hearing, she would not let me speak. Not one word. The opposing council even spoke with me afterward and said that if I had an attorney that would have never happened. Knowing that even if I appealed and won, I would never get this judge to rule in my favor, I decided to do the only practical thing and made some changes that would enable me to once again hire an attorney.
With my new found legal knowledge AND an attorney, I have been very successful in court and I'm close to accomplishing my goals. Its not fair, or just, but that is the way the world works. You don't have access to the legal system without an attorney. Yes, there may be some isolated cases where people have gotten favorable outcomes without one, but I count it as a necessity. Even doing something like setting a date for a hearing can be somewhat nightmarish when you're on your own.
I think you should get your flowchart together, and learn the ins and outs of family court procedure. This will help immensely to minimize your legal costs and ensure a favorable outcome, but don't assume that just because you know as much or more than some attorneys, you will be ok without one.