When filing for divorce in California, at least one of the parties has to be able to prove that they lived there for at least half a year prior to the filing. Additionally, the paperwork must be filed in the county where one of the parties is currently residing.
Grounds For Divorce
The reasons behind a divorce vary according to the couple, although they can certainly have an impact on the proceedings. It is important to keep in mind that California is a no-fault divorce state. In short, the individual that files for the divorce is not obligated to state why they are choosing to separate, although they can if they want.
After filing for divorce in California, the parties involved must wait six months before the paperwork is finalized. The time period gives both parties a chance to determine if they want to proceed with the divorce or not. Regardless of the reasons behind the divorce, the six month waiting period is mandatory.
If you are a resident of California, you need to go through the Superior Court for your divorce. There is an option to do this online; for example, Hello Divorce is a platform that allows for this and the Pricing is reasonable Prior to submitting anything to the court, however, all the paperwork must be drawn up.
From there, things can go a number of different ways. Typically, attorneys are not necessary. The former spouses split their assets and time with their children (if there are any). There are cases where an agreement eludes the parties, and in those instances, a divorce mediator is often brought in.
When two people are married in California, everything they purchase together is considered to be a joint asset. If the couple divorces, those assets are split equally in half. Similarly, any debt that built up over the course of the marriage also "belongs" to both individuals, and they are equally responsible for paying it off. In general, property is split between the parties, although they must determine together what is considered to be community property. If they cannot agree, going before a mediator may be best step. This impartial individual helps the former spouses determine how to fairly divide their assets. In some instances, however, the couple is still unable to decide, in which case a judge makes a decision.
Summary dissolution is also an option for divorcing couples. However, there are a number of conditions that must be met in order to qualify for this. In part, you cannot be married for more than five years and you cannot have any children born of the marriage. In addition, you must not own more than $41,000 worth of properties. There are more requirements as well, but if you believe you may qualify for a summary dissolution, it is important to ask about the possibility.
California Child Support
Calculating California child support is a complex process. In California, there are a number of factors that come into play. For example, how old are the children? How much does each party make? Is physical custody split equally or does one parent have primary custody? How much does health insurance cost for the children and who pays for it? In addition to these questions, mortgage interest and retirement plan contributions also factor in. These are all things to think about if you have a family with your former spouse and you are going through a divorce. It is never a bad idea to research and read up more on child custody in California.
Divorce your spouse in California is complicated and there are a number of steps to take until it comes to its conclusion. Reach out if you need more information or require legal assistance.