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Divorce Process
The process of getting a divorce in California can be complex, and the timeline can vary depending on the specific circumstances of each case. In general, the divorce process will begin with one spouse filing a petition for divorce with the court. The other spouse will then have an opportunity to respond to the petition. Once the initial paperwork has been filed, the spouses will need to complete a number of financial disclosures. These disclosures will provide information about each spouse’s income, assets, and debts.
The next step in the process is to attend a mandatory settlement conference. This is a meeting where the spouses will attempt to reach an agreement on all outstanding issues, such as child custody, child support, and division of property. If an agreement is reached, the terms will be put into a marital settlement agreement. If the spouses are unable to reach an agreement, the case will proceed to a trial. The final step in the divorce process is to have the court enter a final judgment dissolving the marriage.
The following is a summary of the key steps in the California divorce process:
- One spouse files a petition for divorce.
- The other spouse responds to the petition.
- The spouses complete financial disclosures.
- The spouses attend a settlement conference.
- If an agreement is reached, the terms are put into a marital settlement agreement.
- If the spouses are unable to reach an agreement, the case proceeds to trial.
- The court enters a final judgment dissolving the marriage.
California Divorce Process
Going through a divorce is never easy, but the process can be especially complicated in California. There are a number of required steps, and if any of them are not completed correctly, it can delay the entire process. First, one spouse must file a petition for divorce with the court. Next, the other spouse must be served with divorce papers. Once this has been done, the spouses have to wait at least six months before they can finalize the divorce.
During this time, the parties may need to attend mediation sessions or negotiation meetings in order to come to an agreement on important issues such as child custody and property division. Once all of these steps have been completed, the divorce can be finalized by a judge.
Child Custody and Visitation
The topic of child custody and visitation can be a difficult one for many divorced or separated parents. After all, no one wants to lose time with their children. However, it is important to remember that the best interests of the child should (and, legally, does) always come first.
When it comes to custody, there are two types: physical custody and legal custody. Physical custody means who your children live with. Legal custody means who makes important decisions for your children (like health care, education, and welfare). With that in mind, here are a few things to keep in mind when it comes to child custody and visitation.
First, the court will consider the child’s age, health, and relationship with each parent when making a custody determination. Second, courts typically prefer to award joint custody whenever possible. This arrangement allows both parents to remain involved in their child’s life. Finally, courts will order a custody and visitation schedule that is in the best interests of the child.
Child Support In California
Child support is a court-ordered payment that a noncustodial parent must make to the custodial parent to help cover the costs of raising their child. The amount of child support is determined by the court based on a number of factors, including each parent’s income, the needs of the child, and the parenting time arrangement.
Child support typically continues until the child reaches adulthood, though in some cases it may continue until the child finishes college. In addition to financial support, the noncustodial parent may also be required to provide medical insurance for their child. Child support can be ordered through the court system or negotiated as part of a divorce settlement.
Domestic Violence / Civil Harassment
Domestic violence is a problem that affects all types of families in all types of communities. It is not limited to any one race, religion, or economic class. Domestic violence includes physical, sexual, and emotional abuse. It can happen in marriages, dating relationships, and between family members. Civil harassment is a type of domestic violence that is often overlooked. It occurs when one family member repeatedly tries to control or hurt another family member.
Civil harassment can include things like making angry phone calls, sending unwanted text messages, following someone, or vandalizing property. It is important to remember that domestic violence is never the victim’s fault. No one deserves to be abused, no matter what. If you are experiencing domestic violence, please reach out for help.
Spousal Support
In California, spousal support is financial support that is paid from one spouse to the other after the dissolution of a marriage or registered domestic partnership. Spousal support is also known as alimony. The purpose of spousal support is to prevent a disparity in the standard of living for the spouses after divorce or separation.
Spousal support in California is not awarded automatically. A court will only order spousal support if it finds that one spouse has a need for financial support and that the other spouse has the ability to pay. To seek a spousal support order, a party would file form FL300 along with other related forms, such as FL157. The amount of spousal support and the duration of payments will be determined by a number of factors found in Family Code Section 4320. These include:
- The length of the marriage or domestic partnership.
- The age an health of each spouse.
- The income and assets of each spouse.
- The marketable skills of each spouse.
- The duration of the marriage.
- The standard of living enjoyed by the spouses during the marriage or domestic partnership.
- The contributions of each spouse to the marriage or domestic partnership, including homemaking and childcare responsibilities.
- Any history of domestic violence.
- The tax consequences of spousal support.
- Balance of hardships to each spouse.
- The obligations and assets, including the separate property, of each spouse.
- The goal that the supported spouse become self-supporting within a reasonable period of time.
- Other considerations that the court finds to be just and equitable.
California Residency Requirements for Divorce
In order to file for divorce in California, one spouse must have been a resident of the state for at least six months. Furthermore, one spouse must have been a resident of the particular county the divorce is filed for at least three months. The residency requirement must be met prior to filing the divorce petition.
What to Do When Served With Divorce Papers?
Divorce is a difficult and emotional process, made even more complicated when one party is surprised by being served with divorce papers. If you find yourself in this situation, it is important to take a deep breath and remain calm. The first thing you should do is consult with an attorney to understand the legal implication of the divorce papers and to develop a plan for moving forward. There are time limits to act, and it is important that you seek professional guidance in order to avoid missing these important time limits.
You also need to be prepared for the emotional toll that the divorce will take on you and your family. It is important to lean on your support system during this time and to give yourself space to grieve. Finally, try to remember that this is just one chapter in your life and that there is light at the end of the tunnel.
How to Respond to a Divorce Petition?
When you receive a divorce petition, it can be confusing and overwhelming. However, it is important to take the time to read through the petition and understand what it is asking for. The petition may contain requests for child custody, child support, spousal support, and division of property. Once you have reviewed the petition, you will need to file a response with the court.
In your response, you will be able to agree or disagree with the grounds for divorce, as well as the proposed custody, support, and property division arrangements. Once you have filed your response, you will then need to attend a hearing, where a judge will make a final decision on the divorce.
The Trial Process in a California Divorce
The trial process in a California divorce can be long and complicated. It generally starts with the filing of a Petition for Dissolution of Marriage, which must be served on the other spouse. Once the petition is filed, both spouses must disclose all of their assets and debts to each other. While waiting for the court trial, multiple hearings may be made. These hearings could include, for example, to determine the issue of temporary spousal support, child support, or child custody.
Once all of the necessary paperwork has been filed, the clock starts ticking. After a lengthy wait time, the case will go to trial — unless it is settled before then. At trial, both spouses will have the opportunity to present evidence and make arguments. The judge will then make a decision on custody, property division, and support.
What Is a Marital Settlement Agreement?
A marital settlement agreement is an agreement between spouses that resolves all of the issues in their divorce. It can include anything from child custody and support to division of property and debts. It is generally preferable to reach a marital settlement agreement than to proceed to trial, as it can be less costly and time-consuming.
Appeals in a California Divorce
Though it may be tempting to simply accept the terms of the divorce and move on with your life, there may be instances where it makes sense to appeal the decision. For example, if you believe that the court made an error in calculating spousal support payments, you may want to file an appeal.
When a judgment becomes final, a notice of appeal must be filed on or before the earliest of the following dates:
- 60 days after you receive a form called Notice of Entry of Judgment from the court, or a file-stamped copy of the judgment showing the date was mailed. A Notice of Entry of Judgment is a court form that must be completed and submitted along with the judgment. Once the judgment is approved by the court, the court clerk then mails the “Notice of Entry” form to the attorney for each party–or directly to the party, if he or she is representing himself/herself.
- 60 days after the appellant serves – or is served – with a Notice of Entry of Judgment or a file-stamped copy of the judgment accompanied by a proof of service.
- 180 days after the date of entry of the judgment.
Failure to file a notice of appeal within the required time frame may result in a waiver of your right to appeal. However, there are ways to extend the deadline, such as filing a motion for a new trial or motion to vacate the judgment.
The appeals process can be complex, so it’s important to consult with an attorney before taking any action. However, if you believe that you have grounds for an appeal, it may be worth pursuing in order to protect your rights and interests.
California Divorce Process FAQs
How Are the Divorce Summons and Petition Served on the Respondent?
A divorce decree is usually delivered directly to the respondent. A person other than the petitioner who is at least 18 years of age must serve the opposing side (respondent) by giving them a copy of the summons, petition and any associated documents to the respondent.
I Want a Divorce. How Do I Start the California Divorce Process?
The first step is completing form FL100, the petitioner for dissolution of marriage. You must also complete a family law summons as well. Some counties allow electronic filing, but some require manual filings in court.
How Does the Respondent Respond to the Divorce Petition?
You would file form FL120 with the court. This is a document that is your official reply to the petition for dissolution.
What Happens After the Summons and Divorce Petition Is Filed?
Upon properly filing the documents, you will get a stamped court case number. This will be your case number throughout the duration of the divorce process. The next step in the process is serving the financial disclosures on the other party and any hearings on temporary issues prior to the trial.
Is There a Filing Fee to File the Petition and a Summons?
Yes. In California, both the petitioner and the respondent must pay a court filing fee of $435. If the person is not capable of paying filing fees, California law allows the courts to waive the fee. You meet this by filing form FW-001, fee waiver, and proving eligibility, such as low income status or being on means-tested public benefits programs.
Does a Response to a Divorce Petition Also Require a Filing Fee?
Yes. Both the petitioner and the respondent must pay a separate $435 filing fee, unless the fee is waived by the court due to a party qualifying for a fee waiver.
When Can I Obtain My Divorce?
A California divorce requires a mandatory wait period; a minimum of 6 months after serving the petitioner for dissolution is required before you can obtain divorced status.
What Happens After the Divorce Summons and Petition Is Served on the Respondent?
After the respondent has been served, they have a set amount of time to respond with their own paperwork. This response will outline whether or not they agree with the terms laid out in the petition. If they don’t agree, the case will go to court where a judge will make a decision on the matter. In most cases, divorces are settled outside of court. However, should the case go to trial, a judge will hear testimony from both parties and make a ruling.
Are you going through or thinking about going through a divorce? Call or text our office today at (916) 704-3009 for a free consultation to see how we can help you with the divorce process.
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