California Divorce: Step-by-Step
No one gets married thinking about divorce, but it's crucial to protect yourself if it happens. The first step is to seek the guidance of a California divorce attorney. An experienced lawyer can help you understand what to expect, whether your divorce is contested or uncontested, and guide you through the process.
Before deciding on divorce, make sure it’s the right choice for you. Divorce has significant, life-altering consequences, so take the time to reflect on your situation carefully. Before starting the divorce process:
1. Meet with a Divorce Attorney they can explain the legal process, what to expect, and how to protect yourself during and after the divorce. Understanding the process beforehand helps you navigate it more smoothly.
2. Gather Important Documents before you file, make copies of tax returns, income statements, insurance policies, and sentimental items like photographs. These documents will be crucial for asset valuation and property division.
3. Inventory Household Items Take photos of all your household items and make a list, noting the condition and value of each. This inventory will be useful in case of disputes over property division.
4. Inform Your Spouse Discuss your intention to file for divorce with your spouse directly. This conversation, though difficult, is essential to avoid blindsiding them and can help set a more respectful tone for the proceedings. If you're worried about their reaction, consider having this discussion in a safe environment or with a mediator present.
The Divorce Process
Meeting the Residency Requirement
To file for divorce in California, the filing party must have lived in the state for at least six months and in the filing county for at least three months. This residency requirement is mandatory and cannot be waived.
File the Petition
The divorce process begins when you file a Summons and Petition for Dissolution of Marriage with the Superior Court. These documents must be served to your spouse by someone over 18 who is not a party to the case. It's advisable to use a professional process server to avoid complications.
Property Valuation
Next, you’ll need to characterize and value your property. Generally, any assets or debts acquired during the marriage are considered community property and will be divided equally. Assets acquired before the marriage or after separation are typically considered separate property.
Settlement Conference
A settlement conference involves both parties meeting, often with an attorney or judge, to negotiate and settle disputes. If you can't reach an agreement, unresolved issues will go to trial. Most family law trials are bench trials, not jury trials. If you're dissatisfied with the trial results, you may appeal the decision.
The stages of divorce in California include meeting the residency requirement, filing the petition, serving the papers, receiving a response, and reaching a settlement. Completing these steps finalizes the divorce, allowing you to move forward. Even if both parties agree to an uncontested divorce, the shortest time to finalize the divorce is six months. This mandatory waiting period is set by California law. Additionally, either you or your spouse must be a California resident for at least six months and a resident of your filing county for at least three months before filing. If these requirements are not met, you can file for legal separation in the meantime.
The Five-Year Rule for Divorce in California
If you’ve been married for less than five years, you might qualify for a summary dissolution, a quicker and simpler way to end your marriage. To qualify, you must meet specific criteria, such as having no children together, few marital assets, not seeking spousal support, and agreeing on asset division.
One Spouse Absent
In California, a divorce can be finalized without both parties’ signatures. If one spouse files for divorce and the other does not respond within 30 days, the filing spouse can request a default judgment. The court may finalize the divorce without input from the non-responding spouse.
Divorce is a challenging and emotional process, but with careful planning and professional guidance, you can navigate it successfully. If you plan on getting a divorce, please contact us to help you with your legal rights and options.