“California divorce process: everything you need to know” is a collaborative post.

Did you know that California’s divorce rate has been among the lowest in recent years, according to data.census.gov? California is a “no-fault” divorce state, which means that the state seeks to expedite the end of marriages while protecting the rights of each spouse. While the state has a low divorce rate, the fact remains that there are still a lot of couples wanting to end their marriage in California.

According to Orange County divorce attorney Lisa R. McCall, divorce has major financial implications for both parties. If you want to improve your chances of getting a favourable divorce outcome, you need to hire a competent lawyer.

If you are already going through the process or are just thinking about getting a divorce, having a clear understanding of the divorce process, including the steps to follow, the legal requirements, and what to expect along the way, can make the journey much easier.

Here are some things you need to know about the California divorce process:

California divorce laws overview

As mentioned, California is a ‘no-fault’ divorce state, meaning you don’t need to prove that your spouse did something wrong to file for divorce. Instead, you can simply cite ‘irreconcilable differences’ as the reason for the dissolution of your marriage.

California also follows the community property law, which means that all assets and debts acquired during the marriage are considered community property and should be divided equally in a divorce. This includes income earned, property purchased, and debts incurred during the marriage.

The state law also puts the best interests of the child as a top priority when deciding custody arrangements. The court encourages co-parenting whenever possible but will also intervene for the child’s welfare and safety. 

When comparing California and New York divorce laws, a number of essential similarities and differences become apparent. For instance, in New York, there is no formal waiting period for a judge to grant the divorce where fault is alleged, but in California, there is a mandatory six (6) month waiting period for all divorces. For more information about divorce  in New York City, check this page: https://www.tsiglerlaw.com/new-york-city-divorce-lawyer/ 

Filing for divorce in California

To start the divorce process in California, you need to file a case with the right court. This petition will be turned in in the county where you live by you or your partner.

Once the petition is filed, you need to make sure that your spouse is properly served with the divorce papers. After being served, your spouse has a specific timeframe to respond to the petition.

If your spouse fails to respond, the divorce may proceed uncontested. But if there are disagreements over matters like child custody, support, or property division, the divorce may become contested and need additional legal proceedings.

Property division

Since California is a community property state, all assets and debts acquired during marriage are generally divided equally between the spouses upon divorce. This includes not only physical property like homes, cars, and furniture but also financial assets such as bank accounts, investments, and retirement accounts.

Keep in mind that there are exceptions to the equal division rule. For instance, assets or debts acquired before the marriage or after the date of separation may be regarded as separate property and not be divided. Inheritances and gifts received by one spouse during the marriage are usually treated as separate property.

For a fair division of property, gather all relevant financial documents, such as bank statements, tax returns, and property deeds. If you and your spouse are unable to reach an agreement on how to divide your property, a judge will decide for you based on California’s community property laws.

Child custody and support

The best interests of the child are given priority by California courts when deciding on child custody. This means considering factors such as the child’s age, health, and any history of abuse. In California, there are two main types of custody: legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s upbringing, while physical custody determines where the child will live.

Child support is another important aspect. In California, both parents are responsible for financially supporting their child. The amount of child support is determined based on factors such as each parent’s income, the child’s needs, and the amount of time each parent spends with the child. 

Finalising your divorce in California

When finalising your divorce, all necessary paperwork must be completed accurately and submitted to the court in a timely manner. This paperwork typically includes the Judgment of Dissolution of Marriage, which outlines the terms of your divorce, such as property division, spousal support, and child custody arrangements, if applicable. 

Once the paperwork is filed with the court, a judge will review it to make sure it complies with state laws and finalise the divorce.

After the paperwork is submitted, you may need to attend a court hearing, especially if there are unresolved issues or if the judge requires further clarification. At this stage, you must present yourself professionally and be prepared to answer any questions the judge may have about your divorce agreement.

Once the judge signs the Judgment of Dissolution of Marriage, your divorce is final, and you’ll receive a copy of the signed document. This document must be kept in a safe place for your records, and you can also refer to it if any issues arise in the future.

Final thoughts

The California divorce process involves filing, understanding property division, and prioritising your child’s custody and support. By finalising your divorce with all the necessary steps, you can have a smoother transition. It’s best to consult with a lawyer who knows the state laws and can guide you as you go through the process of divorce and move forward with your new chapter in life.

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