If you have realized that your marriage is at its end, you may decide that it is time to file for divorce. Before doing so, you should understand how divorce works in California and what will happen during the process.
Like most legal proceedings, divorce can easily become complicated and overwhelming. Here is a quick guide to the most important information about divorce in California to help you understand the process better.
For more in-depth information, California’s Judicial Branch website has a thorough explanation of divorce proceedings in California.
Divorce in California
To file for divorce in California, you or your spouse must have lived in the state for at least six months before the filing. Additionally, one of you must have lived in the county where you are filing for at least three months.
Your Partner
To divorce your partner in California, they do not have to participate in the process. If they do not agree to the divorce, they cannot stop it from happening. Should your partner refuse to participate, you would receive a default judgment that allows your divorce to go through.
If you both agree on the divorce, it does not matter who files first. There is no advantage to filing before your spouse.
No-Fault Divorce
California allows no-fault divorces, meaning that neither spouse has to have committed a wrong against the other. If the divorce is occurring simply because the couple can no longer get along, they can file for a no-fault divorce due to irreconcilable differences.
Fault generally does not affect how property is divided or support is set. There are narrow exceptions, such as domestic violence, which can affect custody and spousal support decisions.
Community Property
One of the most common concerns of couples filing for divorce is how their property will be divided. California employs a community property system, which divides community property and debts, generally those acquired during the marriage, equally between both spouses. This covers income earned during the marriage, but not property owned before the marriage or gifts and inheritances received by one spouse.
Custody
If there are children of the marriage, custody can complicate the divorce even further. Every custody decision in California is based on the child’s best interests, and the law favors frequent and continuing contact with both parents when that is safe and appropriate. If there is evidence that contact with one parent would not serve the child’s best interests, the court can limit or set conditions on it.
If divorcing parents can agree on a parenting plan, the court will usually approve it. It is easier to allow amicable parents to make their own decisions regarding their children, as long as they are both suitable caregivers.
If parents are unable to agree on a parenting plan, they will attend Child Custody Recommending Counseling (CCRC) through Family Court Services before a judge decides. Should those prove ineffective, the court will then take over, and the judge will make all custody decisions.
Child Support
Every state requires parents to support their children. In California, the amount of child support is dependent on each parent’s income, resources, and the amount of time they spend with their children.
The Importance of a Lawyer
Even the most amicable of divorces can quickly become complicated. If you have children, a large amount of property to be divided, or any other considerations, they can add further complexity to your divorce.
That is why you should hire a lawyer. An experienced divorce attorney can help you navigate the process and attain the outcome you want.
California divorces require a large amount of paperwork. A lawyer will make sure that all of your forms are filled out correctly so that your divorce goes through.
Your lawyer should have experience with both state and county precedent. While any California attorney could help with the general process, a lawyer familiar with how courts handle divorce in your county will know how to support you better.
Your divorce will go much more smoothly if you have a skilled lawyer by your side. Not only will they fight for the outcome you want, but they will also ensure that all steps of the process are completed correctly.
Now You Know
Like all legal proceedings, divorce is complicated. Separating two lives that have been intertwined for a long time requires a large amount of time, energy, and paperwork.
If you are a San Diego resident who wishes to file for divorce, it is best to hire an attorney familiar with both state law and county rules. Shorb & Connor, LLP, is a trusted family law firm based in San Diego. Our team of qualified attorneys is experienced in divorce proceedings and child and spousal support.
Contact Shorb & Connor, LLP, today for a free consultation. We can help you navigate your divorce smoothly and obtain the outcome you deserve.
