Being married and staying married for the rest of your life is not an easy task. But getting a divorce is no picnic either. A divorce is a process that takes a long time. It could be many months or even years.
A divorce involves many elements. Each state has different laws when it comes to property division, residency, child custody, and more. California is no exception.
A divorce should not be something that you decide to do in the heat of the moment. It is an intense, emotional process that will more than likely change your life forever. There is a lot you need to think about before you see a lawyer. Here are some things you should know before filing.
Residency Requirements
To file for divorce, at least one spouse must have lived in California for six months and in the county where you plan to file for at least three months. If you do not meet this requirement, you may file for a legal separation first and later amend it to a divorce once residency is met.
No Proof Needed
California does not require proof of wrongdoing. Most divorces are filed under “irreconcilable differences,” meaning the marriage cannot be repaired. You do not need your spouse’s agreement to file. One person can file for divorce even if the other does not agree.
Mandatory Waiting Period
Even if both parties agree on everything, California has a mandatory six-month waiting period from the date the respondent is served before the divorce can be finalized. If you do not wish to wait that long, then you can opt for a legal separation at first and then amend it later. Both a divorce and a legal separation have the same processes, but a legal separation will not end the marriage.
Filing Options
There are three main ways to file for divorce in California:
- Summary dissolution. Also known as a simplified divorce, this is the quickest and most streamlined option, but not everyone qualifies. You may qualify if:
- You were married for less than five years.
- You and your spouse have no children together (biological or adopted) during the marriage.
- You own no real estate (this includes a house, land, or rental property).
- You have limited community property: under $53,000 in assets and under $6,000 in debt (this does not include car loans).
- Both spouses agree to end the marriage and sign together.
- Both spouses waive spousal support.
- A written property agreement is completed and submitted.
- Uncontested divorce. This applies when both spouses agree on all major issues, such as property and debt division, spousal support (if any), and child custody, visitation, and support (if children are involved). One spouse files, and the other responds or signs a notarized agreement. You submit a written settlement agreement. No trial is needed. The judge reviews the paperwork and signs the judgment.
- Contested divorce. This is used when you and your spouse do not agree on one or more issues. One spouse files and serves papers, while the other files a response. The case proceeds to negotiation, court hearings, or trial. The judge issues rulings on disputed issues such as custody, support, and property division.
Contested divorces are common and may happen due to:
- Disagreement over custody or parenting time.
- Dispute on financial disclosures or hidden assets.
- One spouse requests spousal support, the other refuses.
- Conflict around business, retirement accounts, or real estate.
Community Property Laws
California follows community property rules, meaning all assets and debts acquired during the marriage are generally divided 50/50 unless the spouses agree otherwise. Separate property usually remains with the original owner. This includes property owned before marriage or received through an inheritance.
Four Parts of a Divorce
A divorce case has four main parts:
- Start a divorce case. One spouse files a petition and summons with the court to initiate the action. The filing party serves those papers on the other party. The respondent (other spouse) has 30 days to respond. If no response is made in time, the filing spouse can request a default.
- Share financial information. The spouse who filed first must provide a full financial disclosure. This includes assets, debts, income, and expenses. The other spouse must likewise disclose their financials if they are participating in the proceedings. This ensures that both sides (and the court) have accurate information before decisions are made.
- Make decisions. You have several key decisions to make. These issues include division of property and debts, child custody and child support (if you have children), and possibly spousal support. You and your spouse can agree together and submit a signed agreement. If you cannot agree, you can petition the court to make rulings through hearings or a trial.
- Finalize the divorce. Once all issues are resolved, you submit your final paperwork to the court. The court reviews your submission. If everything is in order, the judge signs and files the documents, and the divorce becomes final.
Spousal Support is Not Automatic
Alimony, also known as spousal support, is not automatic, so you should not expect it in a divorce. The court considers factors like income, length of marriage, and standard of living.
California recognizes two main types:
- Pendente lite. This is temporary support that is ordered while the divorce is in progress. It is designed to help the lower-earning spouse maintain financial stability during the court case. It is calculated using local court formulas and software.
- Permanent/long-term support. This type of alimony is ordered in the final judgment. It is based on a full analysis of financial and lifestyle factors. The term depends on the length of the marriage. For marriages lasting less than 10 years, support generally lasts half the length of the marriage. For long-term marriages (lasting longer than 10 years), the court may leave the duration open. However, it can still be modified or terminated later.
Contact Us Today
Divorces often come with a lot of stress and conflict. They are major legal and emotional battles that can lead to a lot of drama for many years.
A Newport Beach divorce attorney from The Bledsoe Firm can help protect your legal rights. We can help secure your future and protect what matters most to you. Schedule a consultation today. Give us a call at (949) 749-3617 or fill out the online form.
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