Divorce laws differ from state to state which is why it is important to be aware of the rules in the state you live in. Certain rules apply to divorce in California which may not be in effect if you file for divorce in a different state. This guide to California divorce will inform you of all the key points when divorcing in California.
Understanding Divorce in California
To apply for divorce in California, you must have lived in the state for at least six months, and in the county, you will file for at least three months. Under the California Family Law Act of 1969, California became the first in the country to allow no-fault divorce. A no-fault divorce is a divorce where there is no proof that any one party is at fault. Since that time, every other state in the country has adopted no-fault divorces, making them the most common in the country.
Many no-fault divorces in California stem from irreconcilable differences and require no evidence of guilt. Other grounds for divorce occur when one spouse is not capable of making decisions. This is determined by experts in the medical and psychiatric communities who will provide their testimony.
Preparing to File for Divorce in California
As you prepare to file for divorce in California, there are several important steps you should keep in mind.
Have Copies of Important Documents
Make copies of documents pertaining to assets, debts, income, and insurance policies. You will need access to these during the divorce process.
Know Where Your Personal Items are Located
Be aware of where your birth certificate, passport, social security card, and other personal documents are located. If your spouse is moving out, these can easily get misplaced in the shuffle.
Change Passwords
If your spouse knows your passwords to your social media accounts, phone, or other personal items, be sure to change them. You want to protect your confidentiality if tensions get high.
Be Aware of Your Credit
Check your credit before the divorce process begins. Know what debt exists jointly and independently. This will allow you to best prepare for your financial future.
Filing for Divorce in California
To start the divorce process in California, one spouse must file a petition for dissolution. This asks basic questions about the marriage and what court orders will be necessary to deal with issues like alimony or property division.
Whoever is petitioning the court for divorce must then serve the other spouse with copies of all divorce paperwork, including a summons. This officially alerts the other spouse of the divorce and provides a 30-day notice to submit a response. If there are children involved, a declaration form needs to be completed as well.
Avoiding a Divorce Court Hearing
Not all divorce cases have to go to court. If both spouses agree to the terms of dissolution and forgo alimony, they can qualify for a summary dissolution of marriage and can avoid a hearing.
In these cases, spouses submit a joint petition.
In California, both spouses must have no children together and little joint property that needs to be distributed to be eligible. This option is also only available for those married five years or less.
Mediation’s Role in a Divorce
Using a mediator can also help to avoid going to court. A neutral, unbiased mediator negotiates an agreement that is appealing and fair to both sides. Once the terms of the divorce are agreed upon and a document is signed, there is no need to go to court. In California, mediation is done voluntarily except in cases where there is a dispute over child custody.
What Happens When There Are Children Involved?
When parties are divorcing and there are children involved, a legally binding parenting plan is put in place that determines where the child will live, visitation rights, and who is legally responsible for making decisions. If both parents agree on the plan, the judge will generally approve it.
Child Support Issues
One parent will pay the other to help cover the child’s living expenses. Each parent is responsible for providing for the child financially, no matter who they live with. Either parent can ask the judge to issue a child support order to determine who has to pay and how much they have to pay.
In California, each county has a family law facilitator who helps self-represented parents with child support cases at no cost.
FAQ About Divorce in California
How Much Does it Cost to File for Divorce in California?
While the cost will vary depending on a variety of circumstances, as of this writing it costs $435 to file a petition for summary dissolution in California. Unless there is a joint petition for summary dissolution, a responding spouse must also pay $435 to file a response to the petition. An application for a fee waiver is available for those receiving public benefits or for those with a low income.
How Long Does Divorce Take in California?
In California, there is a divorce waiting period of six months between the time the divorce petition is filed and the time the judgment of marriage dissolution is final. The exact length of the proceedings will vary from case to case.
Where Do I File My Divorce Papers?
All papers need to go to the local courthouse and be filed with the family law clerk’s office.
How is Property Dividing During Divorce in California?
California is a community property state where marital property is divided 50/50. Marital property is any property the couple obtains or owes during the marriage. This includes anything earned during the marriage and anything bought with joint funds, as well as investments, 401Ks, and liabilities.
How is Alimony Determined?
Alimony in California is based on the age, health, needs, and earning capacity of each partner. A judge will also look at the contributions of one partner to another for education or career building.
Are You Looking for a Divorce Attorney?
If you are looking to file for divorce or need representation in a case, attorney William Strachan has 35+ years of experience and is here to help. Contact our office today at 714.841.1931 for more information.
