Going through a divorce is never easy, both emotionally and legally. The procedure of filing a divorce can be a confusing mess of laws, forms, rules, and legalese. You may find yourself lost in the twists and turns of this seemingly endless process.
Knowing the next steps can help you feel more in control of your circumstances and make smart decisions that are in your and your children’s favor.
Although every divorce case is unique, there are certain steps in the process that apply to almost everyone in California. This guide breaks down each stage so you can better understand the process, timeline, what to expect, and mistakes to avoid.
What are Legal Grounds for Divorce in California?
Divorce is defined as the legal dissolution of a marriage or domestic partnership in California. The state allows “no-fault” divorces, meaning you don’t need to prove your partner did something wrong to file for divorce. Instead, the law focuses on two main legal grounds, which are:
1. Irreconcilable Differences
This is the most common legal ground to file for a divorce in California. It means the couple doesn’t want to live together anymore, and there is no way to fix the relationship. These differences could be emotional distance, constant arguments, or simply growing apart.
You don’t need to explain details or blame your spouse. The court only needs to know that there is no hope of reconciliation. Once one partner says the relationship is over, the court usually accepts that as enough reason to move forward with the divorce.
2. Incurable Insanity
This is a rarely used ground to file a divorce in California. In such cases, it must be shown that one spouse is suffering from a serious, long-term mental illness that cannot be cured. It must be proven with strong proof, like medical documentation from a psychiatrist or other mental health professional.
The illness must be long-term and serious enough to make married life impossible. While emotionally difficult, this option may apply in rare cases where treatment hasn’t helped and the condition is permanent.
What are the Key Steps Involved in the Divorce Process?
As mentioned earlier, filing for divorce in California can be a complex process. The unique circumstances of each case often make it feel even more overwhelming. However, there are a few standard steps that most divorce proceedings typically follow.
Step 1: Ensure You Meet California’s Divorce Residency Requirements
The first step in filing for divorce in California is checking whether you meet the state’s eligibility requirements. You must meet California’s Divorce Residency Requirements, which state that at least one person in the marriage must have been a state resident for more than six months before divorce filing. Additionally, one spouse must have lived in the specific county where they are filing for at least three months.
Step 2: Filing the Petition
Divorce officially begins when one spouse files a Petition for Dissolution of Marriage with the county’s court clerk. This includes personal and financial information and sets the legal process in motion. The spouse who files becomes the petitioner.
A filing fee must be paid, unless waived. The petitioner must disclose complete financial information as hiding assets may result in penalties later. The filing date also marks your legal separation date.
3. Serve Your Spouse
After filing, you must legally notify your spouse by serving them the divorce papers. This step is necessary to move forward. The server must be over 18 and not involved in the case. You can also hire a professional process server. If you and your spouse are on good terms, service by mail is allowed, but they must sign a form to confirm they received the documents.
4. Wait for a Response
Once served, your spouse has 30 days to respond by filing their own set of divorce papers. If they don’t respond on time, the court may issue a default judgment, meaning the divorce can move forward without their input. This can affect decisions on property division, child custody, and support, so both parties must follow deadlines carefully and respond promptly.
5. Reach an Agreement
Next, both spouses work to resolve important issues like child custody, spousal support, and division of assets. This can be done with the help of attorneys, mediators, or through a collaborative divorce approach. If you agree on everything, it is called an uncontested divorce and moves faster. If not, the case becomes contested, and a judge may have to make final decisions in court.
6. Final Judgment
Once all issues are resolved and documents are properly filed, a judge will review the case. If everything is correct and fair, the court will issue a Final Judgment of Dissolution. This officially ends the marriage. If the agreement was negotiated, the judge checks that it was made freely and fairly. After this step, both parties are legally divorced and free to move forward separately.
How Long Does the Divorce Process Take in California?
In California, the divorce procedure takes at least six months from the time the other spouse is served with divorce papers. This six-month period is legally mandated as a “cooling-off” period. Even if both partners agree on all things, the court cannot approve the divorce before this time.
However, the overall time to finalize a divorce can be longer, depending on the case. If both parties have a consensus on matters such as child custody, division of property, and support, the procedure can be faster. These are referred to as “uncontested divorces.”
But if there are disputes, it can take several months to even a year or more to complete the divorce. These are referred to as “contested divorces” and can include court hearings, forms, and negotiations between attorneys.
How is Property Divided Under California’s Community Property System?
California follows the community property system, which means that the assets acquired during the marriage are shared equally between both spouses. Therefore, when a couple divorces, all community property is typically divided 50/50 regardless of who made more and whose name is on the title.
Community property includes money, houses, vehicles, and even debt, as long as they were gained while married. It doesn’t matter if only one person worked; both still have equal rights to what was earned during the marriage.
On the other hand, some assets are considered separate property. These include assets one spouse already possessed before the marriage, or anything one received as a gift or inheritance during the marriage. That property typically remains with the owner and is not shared.
How Does Alimony Get Calculated in California?
Alimony, also referred to as spousal support, is a court-ordered payment from one spouse to the other after a divorce. It helps the lower-earning spouse manage daily expenses and adjust to life after the marriage ends.
There is no set formula for calculating long-term alimony. Instead, the court carefully reviews several factors, such as:
- How long did the marriage last
- Each person’s income and ability to earn
- The standard of living during the marriage
- The age and health of both spouses
- Whether one spouse stayed home to raise children or support the other’s career
For temporary alimony (while the divorce is still in process), many California courts use a basic formula based on both spouses’ incomes. But once the divorce is finalized, the judge decides the amount and duration based on the full situation.
In general, if the marriage lasted less than 10 years, support may last about half the length of the marriage. If it lasted 10 years or more, there’s no fixed time limit; the support continues until the court decides it is no longer needed.
How is Child Custody Determined in California Divorce Laws?
Child custody decisions are based on the best interests of the child in divorce and family law matters. The court’s main goal is to make sure the child is safe, well cared for, and able to grow up in a healthy environment.
There are two main parts of custody:
- Legal custody: who makes important decisions about the child’s education, health, and daily life.
- Physical custody: who the child lives with.
Along with custody, the court also sets a parenting time schedule (also called visitation). This means the time each parent spends with the child. Even if one parent has full physical custody, the other parent usually still gets parenting time unless it’s unsafe for the child.
The court looks at several things to decide custody and parenting time, including:
- The child’s age and needs
- Each parent’s ability to care for the child
- The relationship between the child and each parent
- Any history of abuse, neglect, or drug use
- The distance between parents’ homes
How Much Does Divorce Cost in California?
The cost of a divorce in California can vary widely from case to case. First, there is a court filing fee of about $435 to $450 per individual. Therefore, just to initiate the process, the two spouses may have to pay this if they do not meet the qualification for a fee waiver.
If the divorce is uncontested, the total cost can be much less. In these situations, you may only spend money on paperwork, filing, and attorney fees.
But if the divorce is contested (there are disagreements over matters such as property, child custody, or support), the cost can escalate rapidly.
Additional potential expenses include
- Mediation charges
- Preparation of court documents
- Child custody assessments
- Expert witnesses (in complicated cases)
Conclusion
Filing for divorce in California can be complex, but understanding the legal steps can make the process more manageable. Being informed helps you make better decisions for yourself and your family. Still, handling it all on your own can be tough.
If you are unsure where to start or need guidance at any step, Jonas Legal Group can help you with all the required legal advice and support throughout the process. Contact us to schedule an expert consultation.
FAQs
What is a Wife Entitled to in a Divorce in CA?
In California, a wife is entitled to half of all community property and may receive spousal support, depending on income, assets, and other factors.
What Assets Cannot be Split in a Divorce in California?
Assets owned before marriage, or received as gifts or inheritances during marriage, are considered separate property and usually aren’t divided in a California divorce.
Can My Husband Take Half of My Savings in a Divorce?
If the savings were earned during the marriage, they are community property and must be split equally. Pre-marriage savings remain your separate property.
Am I Liable for My Husband’s Debts If We Are Separated?
You are generally not responsible for debts your husband takes on after separation, but debts from during the marriage may still be shared equally.
Can You Date While Separated in California?
Yes, you can date while separated, but it won’t speed up the divorce. Also, dating may affect child custody or spousal support in some cases.
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