Navigating a divorce in California can be a complex and emotionally taxing experience. Given the numerous questions that arise during the process, it’s crucial to thoroughly understand what you can expect.
Let’s address some top questions about California divorce, providing you with the clarity and knowledge you need to make an informed decision.
I Have Been Served Divorce Papers. What Do I Do?
To respond to divorce papers in California, carefully read the two documents: the petition for dissolution of marriage and the summons. Then, check for any automatic temporary restraining orders (ATROs) and note the response deadline, typically 30 days after being served.
Consult a family law attorney within a week of receiving the papers. Your attorney will help you navigate deadlines and mediation, and achieve the best possible outcomes, especially in matters involving children.
Together, craft a response addressing each numbered statement in the petition, denying demands when necessary, and submitting any counterclaims with supporting documentation.
How Do I File For Divorce In California?
California is a no-fault state, meaning there is no need to demonstrate a party was at fault for initiating the divorce process.
Filing for divorce requires at least one party to have been a California resident for six months. They must also have lived in the county of filing for three months.
The divorce process begins with filing legal forms and serving the spouse. Then, a six-month waiting period is mandated before the divorce is finalized. Finally, the respondent has 30 days to file a response.
Couples can negotiate terms, opt for mediation, or go to court for contested terms. Finally, a judgment or divorce decree is issued, outlining the agreed or decided terms, after which the marriage is dissolved.
How Long Does The Divorce Process Take?
California mandates a 6-month ‘cooling-off’ period before finalizing divorces. It allows couples to reconsider their decision and reach agreements on family issues, including child custody, visitation, support payments, property division, and debt payment responsibility.
Once the waiting period has passed, if both parties have reached an agreement, the divorce process can be finalized. If not, couples may request a courtroom hearing for a litigated divorce.
Alternatively, if most decisions are made, but some remain, couples can opt for a ‘bifurcate divorce’ and address remaining issues post-divorce through negotiations or litigation.
How Much Does A Divorce Cost In California?
Recent data indicates that California’s average divorce cost is higher than in other states, with the average expense for a childless divorce at roughly $17,500. In comparison, divorces involving children average around $26,300.
California’s divorce filing fee of $435-$450 is among the highest nationwide, but a fee waiver option is available. While attorney fees can be expensive, the real driver of divorce costs is the ability to reach an agreement with your spouse. The longer the process and the more disagreements, the higher the price.
Do I Have To Go To Court To Get Divorced?
Agreeing to divorce terms without court involvement saves time, money, and emotional stress and allows for flexible arrangements.
Divorce agreements, such as prenuptial or postnuptial agreements, help couples settle matters like property division, spousal support, child custody, and child support without litigation.
Mediation and collaborative divorce are alternative methods to reach agreements. Divorce mediation involves a neutral third-party mediator, while collaborative divorce involves spouses and their attorneys working together to resolve unsettled issues without a mediator. Both approaches aim to avoid lengthy and costly court battles.
What’s The Difference Between Legal Separation And Divorce?
Separation and divorce differ regarding marital status, waiting period, agreement, benefits, and residency requirements.
Legal separation keeps the marriage intact, has no waiting period, requires both parties’ agreement, and may maintain certain benefits.
Divorce dissolves the marriage, has a six-month waiting period, doesn’t require both parties’ agreement, and has residency requirements.
Both legal proceedings involve similar court filings, and orders may be issued regarding property division, spousal and child support, and custody.
How Is Property Handled In A California Divorce?
Community property includes everything spouses or domestic partners own together, including earnings and debts incurred during the marriage. Separate property refers to assets and debts acquired before marriage and gifts and inheritance received during the marriage. Commingling of separate and community property complicates asset division.
In California, community property is divided equally upon marriage or partnership dissolution. Commingled property and businesses developed during the marriage require professional assistance for equitable division. Goodwill, an intangible value of a business, must also be evaluated during asset division.
Will I Have To Pay Spousal Support?
Spousal support, or alimony, is a monthly payment made by one spouse to another after divorce to maintain a similar standard of living.
In California, there are two types: temporary and permanent. Temporary support ensures the supported partner maintains their status quo during divorce proceedings. Permanent support, usually long-term but not permanent, helps the supported partner maintain their marital lifestyle.
Factors like each partner’s ability to maintain their marital standard of living, marketable skills, need for education, and marriage length influences spousal support determination.
How Is Child Custody Determined In A California Divorce?
Child custody is divided into physical and legal custody, determining where a child lives and who makes important decisions for them. Custody is granted based on the child’s best interest, with no preference for joint or sole custody. Parents may agree on custody and submit a parenting plan for court approval.
Factors considered include the child’s bond with parents, their ties to school and community, and any substance abuse or domestic violence issues. Children aged 14 or older can express their preferences in California, but their best interest remains the standard.
Navigating A Divorce With The Assistance Of A California Family Law Attorney
A California family law attorney like Bruce A. Mandel can provide invaluable support during your divorce by guiding you through the complex legal process and protecting your rights. He can help negotiate fair agreements on asset division, spousal support, child custody, child support, and more. With his expertise, he can assist you in navigating the mediation process or represent you in court if necessary.
Having an experienced attorney like Bruce A. Mandel on your side can minimize stress, avoid common pitfalls, and achieve a more favorable outcome in your divorce proceedings.
Contact Bruce today for a consultation, and follow his Facebook page for more helpful California family law information and resources.
