FLM 137 – Paperwork you Need

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Hi everyone, I’m Dr. Michael Mantell with another Family Law Matters, joining Bonnie Rabinovitch-Mantel, who is the owner and managing partner of the Primus Family Law Group. Hi Bonnie. Hi Michael, how are you doing? Doing well, how are you doing today? Good.

Good. Today I want to talk about the beginning. The beginning, the beginning of what? Yeah.

I want to talk about the very first things that a couple who have come through the very difficult, emotionally trying, stressful discussions that they’ve been having, maybe on their own or with a therapist or whatever it may be, and now they’ve decided we’re going to get divorced. So they contact Bonnie Rabinovitch Mantel at Primus Family Law Group. What are the first papers? What do they have to start to do? Well, the first thing they file, one of them files, is a petition.

And we are in a no-fault state. So there’s no advantage to being the one who files first. You’re not going to get a larger piece of the pie.

And it certainly doesn’t show that you were right in the marriage and the other was wrong. It’s literally just who’s going to file. That’s that.

And it’s funny, Michael, because so many people think that, oh, it’s a box checking form. You know, you can get the form online. It’s fillable.

But if you read the form, I will tell you from personal experience that at least two or three of those boxes read the same. And it’s very important to make sure you pick exactly what you’re supposed to be doing and fill it out to the best of somebody’s capacity, preferably an attorney. Because while it is only a two-sided document, at least the initial petition, there’s a lot that needs to go into it that a lot of people don’t understand.

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For example, if you have separate property, you want to list that separate property. If you know what is specifically community property, you want to be sure to list it. Because if for some reason the other side decides not to participate, they don’t want to get divorced.

They’re not going to do this. Unless you plead in your petition specifics, you’re not going to be able to get a judgment to give you what you’re entitled to. So it looks easy, but it’s not that easy.

There’s a petition. There’s a declaration that you’re filing in the right courthouse. If you have children, there’s a declaration as to where your children have lived for the last five years.

There’s the summons, your notice to the other side that you are getting divorced. Those all look very easy and quick to fill out. But if you really want to do it right, you really should have an attorney look at it.

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Right. And if people do want to have an attorney, Bonnie Rabinovitch-Mantel of Primus Family Law Group, look at it or at least consult it to say, where do I start? Point me in the right direction. How can they be in touch with you? Well, they can reach us directly at 619-574-8000.

And you will be put on my calendar for a free 30-minute phone consultation. Or you can reach us online at www.PrimusFamilyLaw.com. You fill out a form and you can reach us that way.