Getting a divorce can be stressful, but it does not have to be when people know how to do it in California. California is also a no-fault divorce state, so you do not need to demonstrate anything wrong, you can simply state there are irreconcilable differences. Here’s an overview to guide you through the divorce process in the State of California:
Filing for Divorce
First, either partner completes a document called the Petition for Dissolution of Marriage and takes this to the Superior Court of the county in which the husband or wife has been a resident for at least three months. In addition, a Summons (giving information on how the divorce process will be handled) and, where children are involved, a Declaration Under the Uniform Child Custody Jurisdiction Act must be completed. The other spouse (respondent) receives these papers from a third party and then has 30 days to prepare a response. If no action is taken, an application for a default judgment may be granted.
Community vs. Separate Property
California is an equitable distribution state, meaning all assets and debts accumulated during marriage are divided into the middle. Each party retains their property outside the marriage or brought into the marriage by either party through gift or inheritance. It may lead to controversies over commingled assets, which may be sorted out through writing or court.
Child Custody and Support
The best interest of the child establishes legal custody. Joint custody is often given; however, one parent may be awarded physical custody, and the other may be given some access rights. Child support takes factors such as income, custody of the child, and the needs of the child into consideration. Pendente lite orders may relate to custody and support during the pendency or the time of the divorce.
Alimony (Spousal Support)
In California, spousal support may be short-term or permanent, depending on the duration of the marriage and each partner’s earning ability and contribution during the marriage. In the case of marriages of less than 10 years, support usually runs for half the span of the marriage. For longer marriages, there is no strict timeline; however, the court tries to reach a point when the supported spouse does not need anyone’s support anymore.
Timeline
It is vitiated that a divorce cannot be granted in California within six months due to the waiting period. It will take longer for simple divorce cases if there is a dispute over property, child custody, or support. Joint measures such as mediation help accelerate solution finding, minus much hostility.
Finalizing the Divorce
When the parties are willing to do so, they will have the prepared Marital Settlement Agreement reviewed by the court. If some questions remain unresolved, they can be solved during the trial. If all the issues in dispute are resolved, a judge enters the Final Judgment of Dissolution of Marriage, which dissolves the marriage.
Tips for a Smoother Process
- Stay Organized: Collect your financial information and openly discuss it with your attorney.
- Consider Alternatives: Mediation or collaborative divorce are beneficial; as such, they can be time-saving and cost-affecting.
- Prioritize Children: In cases involving custody and support, focus on the best interests of their welfare as much as possible.
Divorce is a life transition that adds much change and stress to one’s life, and with proper encouragement, you can prepare yourself for the process and conquer it fearlessly. They can also represent you in court proceedings, which guarantees your rights are well defended by a lawyer.
