Discover the answers to the most commonly asked questions about the divorce process in California with our comprehensive Divorce FAQ.
Whether you’re concerned about child custody, property division, or the timeline of your case, we provide clear and precise answers to the questions that matter most.
This FAQ is designed to give you peace of mind by addressing those nagging questions head-on, helping you navigate your California divorce with confidence
Not necessarily. Usually, the terms of a California divorce are final and cannot be changed. However, in some cases, you may be able to modify a divorce judgment. Certain aspects, such as child custody, visitation, child support, and spousal support, can always be modified. Correcting a mistake in a judgment is much more difficult.
Yes, you can get a divorce in California even if you were married in another state or country. However, you must meet California’s residency requirements. You need to have lived in California for at least six months and in the county where you plan to file for divorce for at least three months.
No. California is a no-fault divorce state, meaning that anyone can get a divorce at any time, for any reason. If one spouse doesn’t want the divorce but the other spouse does, the court will grant the divorce over the objection. This is called "irreconcilable differences."
Yes, in California, you can request temporary orders for child custody, visitation, or support while the divorce is pending. These temporary orders ensure that important issues like custody, support, and property use are managed during the divorce process, providing stability for both parties until a final judgment is made.
Yes, you can represent yourself in a California divorce. However, it is recommended that you seek legal advice from an attorney, especially if the case is complex or involves contested issues. The court also offers self-help resources for those who choose to represent themselves.
Answer: Yes, you can request a name change as part of your divorce proceedings in California. When you file for divorce, you can include a request to restore your former or maiden name. The name change will be included in the final divorce judgment, and you can start using your restored name after the divorce is finalized.
Yes, it is possible to stop a divorce after it has been initiated, but the process depends on the specific circumstances. If both parties agree to stop the divorce, they can file a request with the court to dismiss the case.
If only one party wants to stop the divorce, they can file a request to withdraw their petition. However, if the other party has already responded or filed a counter-petition, the court may require a hearing to determine whether to grant the request.
It’s important to understand that filing for divorce can have legal and financial implications, even if the parties later decide to stop the process. Consulting with an experienced family law attorney in California is recommended to understand your options and the potential consequences of stopping a divorce.
No, California does not require couples to live separately before filing for divorce. However, legal separation is an option for couples who want to live apart while deciding on divorce or instead of divorce.
In California, it generally doesn’t matter who files for divorce first. California is a “no-fault” divorce state, meaning that either spouse can file for divorce without needing to prove wrongdoing by the other spouse.
However, there may be strategic reasons for one spouse to file first, such as getting a head start on the divorce process or setting the tone for the proceedings. It’s best to consult with a qualified family law attorney to determine the best course of action for your situation.
To obtain a copy or certified copy of your divorce decree or judgment in California, you need to contact the clerk's office of the courthouse where your divorce was finalized. You may request the document in person, by mail, or sometimes online, depending on the county. Be prepared to provide identification and any required fees. Certified copies are often necessary for official purposes like name changes or proof of divorce.
To expedite a divorce in California, you can opt for a summary dissolution. This process is quicker but comes with specific requirements:
The divorce process begins when one spouse files paperwork in court. However, the court doesn’t automatically move the case forward. The courthouse stores, but does not process, your paperwork for you. You must take the necessary steps to progress the case, or hire a lawyer to help.
Here are the steps:
Domestic violence can have a significant impact on a divorce case in California, particularly when it comes to child custody, visitation, and spousal support. A history of domestic violence can lead to restrictions on visitation or even a loss of custody for the abusive spouse. Additionally, spousal support decisions may be influenced by evidence of domestic violence.
Prenuptial agreements can significantly impact the outcome of a divorce in California. If the agreement is valid and enforceable, it will dictate how assets and debts are divided, as well as whether spousal support is awarded. However, a court may invalidate a prenup if it finds that it was unfair, signed under duress, or lacked proper disclosure of assets.
In California, alimony or spousal support is typically calculated using a guideline that suggests the paying spouse’s support should be 40% of their net monthly income, minus 50% of the receiving spouse’s net monthly income. If child support is involved, spousal support is determined after child support has been calculated.
It’s essential to consult with an experienced family law attorney to get a more personalized estimate based on your specific circumstances.
In California, alimony or spousal support is calculated based on various factors, including:
There is also a general guideline: the paying spouse’s support should be 40% of their net monthly income, minus 50% of the receiving spouse’s net monthly income. If child support is involved, spousal support is calculated after child support has been determined.
It’s important to consult with an experienced family law attorney for a more accurate calculation tailored to your specific situation.
In California, property is divided according to the principle of community property. Community property generally includes all assets and debts acquired during the marriage, with a few exceptions. During a divorce, community property is typically divided equally between the spouses.
Not all property is considered community property. Separate property, which refers to assets acquired by one spouse before the marriage, after the date of separation, or through inheritance or gift, is generally not subject to division.
Determining which assets and debts are community property and which are separate property can be complex. You may need the assistance of a professional, such as a forensic accountant or a family law attorney, to help identify and value the assets and debts.
Once community property is identified, it must be divided equally between the spouses. This does not mean each spouse will receive half of every asset. Instead, the total value of the community property will be divided equally. For example, if one spouse receives the family home, the other spouse might receive assets of equal value, such as investment or retirement accounts.
In some cases, spouses may agree to an unequal division of property, either through a settlement agreement or a court order. This might be appropriate if one spouse contributed significantly more to acquiring certain assets or if other factors justify an unequal division.
Property division in a divorce can be complex and emotionally charged. It’s crucial to work with an experienced family law attorney to ensure your rights are protected, and you receive a fair share of the marital property.
A divorce in California always takes a minimum of six months. This period is called the "waiting period." The purpose of this waiting period is to ensure that both spouses are certain about ending their marriage. The courts want to give couples time to reconcile if possible. You cannot finalize a divorce in California until this six-month waiting period has passed.
The legal separation process in California can take several months to complete, depending on the specific circumstances of the case. Here’s a general timeline of the legal separation process:
Filing the Petition: The process begins with one spouse filing a Petition for Legal Separation in the Superior Court. This document must be served to the other spouse, who then has 30 days to file a Response.
Discovery: Both spouses gather information about each other's finances, assets, and debts. This includes exchanging financial statements, property valuations, and other relevant documents.
Negotiations and Settlement: After discovery, the spouses may try to negotiate a settlement agreement. If they can reach an agreement, the terms are put in writing and presented to the court for approval.
Court Hearings: If no agreement is reached, the court may schedule a hearing to address disputed issues such as child custody, support, and property division.
Judgment: Once all issues are resolved, the court issues a Judgment of Legal Separation. This legally separates the spouses but does not terminate the marriage. The judgment outlines the terms of child custody, support, and property division.
The timeline for each step can vary based on the complexity of the case and the willingness of the parties to negotiate. It’s important to work with an experienced family law attorney to ensure your legal separation is handled efficiently.
The cost of a divorce can vary depending on several factors, including attorney fees, court costs, and whether the divorce is contested or uncontested. The complexity of the case and the time it takes to resolve all issues can also impact the overall cost.
Yes, you must still allow your spouse to see the children. In California, child support and child visitation are separate issues. If your spouse isn't paying child support, you need to obtain a court order requiring them to do so. If you already have a court order and they are not honoring it, there are ways to enforce payment.
Child custody is determined by what is in the best interest of the children. Custody is based on several factors, including which parent is more likely to allow the other parent to have frequent and continuing contact with the children. If you prevent your spouse from seeing the children because they aren't paying child support, you risk losing custody.
It depends. California is a no-fault state, which means that a person’s morality cannot be considered when determining the outcome of a case. If your spouse had an affair during the marriage, it is not a basis to deny them visitation or automatically grant you custody of the children.
However, if the affair interferes with your spouse’s ability to care for the children—such as neglecting the children by coming home late or not being present—the court may find that you are better suited to care for the children and award you custody.
Yes, sharing financial information is required in a California divorce. The spouse who first filed for divorce must provide financial information to the other spouse as part of Part 2 of the process. This information includes income, expenses, assets, and debts.
No. A divorce in California always takes at least six months to complete. Even if the parties agree on all terms before the six months have passed, they will not be officially divorced until the waiting period ends. The terms of any agreement are binding during this time, but both parties are not free to remarry until the six months have expired.
If the issues of custody, visitation, child support, spousal support, or property division are not resolved within the six months, the divorce will take longer. In cases where the process extends beyond the waiting period, the court may “bifurcate the status” of the marriage, meaning the couple can be declared divorced while other matters are resolved later.
Yes, if both parties agree on all issues, such as child custody, visitation, child support, spousal support, division of property, pension plans, and debts, they can avoid litigation. The couple can simply have a divorce judgment drafted, signed, and finalized without ever going to court.
Yes, you should allow your ex to serve you with divorce papers. It's important to know if a lawsuit has been filed against you so that you can defend your legal rights. If someone tries to serve you with court documents, make sure to accept them. Otherwise, court orders could be made without your knowledge.
The first step in a California divorce is for one spouse (or domestic partner) to file papers to start the case and officially notify the other spouse. The other spouse then has a chance to file a response. This is known as Part 1 of the process.
After the initial paperwork is filed with the court, both parties have the right to conduct "discovery." This allows each side to ask questions and request documentation, such as information about income, assets, and debts, that may be relevant to the case.
Once discovery is complete, the case is ready to be set for trial. However, nothing will happen unless one or both parties take action by filing the proper paperwork. This includes filing for a trial date, requesting a Default, or conducting discovery. The court does not automatically move the case forward without action from the parties involved.
If one spouse contests the divorce, it can prolong the process and may require court hearings to resolve disputed issues. However, even if one spouse contests, a judge can still grant the divorce once the issues are resolved.
If a Response is not filed, the case is decided by "default." This means that the court will base its decision solely on one side's version of the facts. If there is property or children involved, it is crucial to file a Response to ensure that your voice is heard and your interests are protected.
If the parties can’t agree on all issues, the case may proceed to trial, where a judge will decide on the unresolved matters. However, the parties can still try to reach agreements through alternative dispute resolution methods such as mediation or collaborative divorce.
A collaborative divorce is an alternative to traditional litigation where both parties agree to work together, along with their attorneys, to reach a settlement without going to court. The goal is to resolve issues amicably through negotiation and cooperation. In California, collaborative divorce can help reduce conflict, save money, and give both parties more control over the outcome.
A default divorce in California occurs when one spouse gets a divorce decree without the consent or even the knowledge of the other spouse. The court renders a decision on the divorce after the respondent fails to respond.
A divorce by default happens when the filing spouse does not get a timely answer to the divorce petition. If the defendant receives the divorce papers but fails to respond within 30 days, the petitioning spouse may proceed without their participation. It’s even possible to obtain a divorce by default if the petitioner fails to serve the defendant with a copy of the complaint.
If the defendant purposefully evades the process server, the court may allow the petitioner to serve them in a different manner, like publishing the divorce notification in the newspaper or through certified mail. Even if the defendant never saw the publication, the divorce proceeding will begin if they fail to react.
Once the default divorce process starts, it's difficult for the defendant to reclaim their rights. If they remain silent, the petitioner will receive the divorce decision as desired. Once finalized, the divorce cannot be reversed or annulled, even if the defendant never received the petition.
Saves time and money: Default divorce often requires less time and money to finalize compared to a contentious divorce, with proceedings typically expedited.
Reduces conflict: For divorcing couples with confrontational relationships, default divorce can help lessen conflict by avoiding open confrontation.
Closure: When one party chooses not to participate, the other party may gain a sense of closure, knowing the process is complete.
Unfair decision: In some cases, a default divorce can lead to unfair outcomes, especially if the absent party does not present required evidence or arguments.
No input: The missing party has no say in the proceedings, which can result in feelings of lost control over the outcome.
Missed reconciliation: The other party may have wished to reconcile, but with a default divorce, that opportunity may be lost.
The divorce timeline in California can vary, but generally, the process takes several months to over a year, depending on the complexity of the case. Here's a general overview of the stages:
Filing the Petition: The process begins with one spouse filing a Petition for Dissolution of Marriage in the Superior Court. The other spouse then has 30 days to file a Response.
Discovery: Both spouses gather information about each other's finances, assets, and debts. This step often includes exchanging financial statements, property valuations, and other relevant documents.
Negotiations and Settlement: After discovery, spouses may negotiate a settlement agreement. If they reach an agreement, the terms are written and submitted to the court for approval.
Court Hearings: If no agreement is reached, the court may schedule hearings to address disputed issues such as child custody, support, and property division.
Final Judgment: Once all issues are resolved, either through settlement or court order, the court issues a Final Judgment of Dissolution of Marriage. This document legally ends the marriage and outlines the terms of the divorce settlement, including child custody, support, and property division.
The timeline can vary widely depending on the complexity of the case, the willingness of the parties to negotiate, and other factors. Working with an experienced family law attorney ensures the process is handled effectively.
A legal separation differs from a divorce in several ways. With a legal separation:
If you have been served with divorce papers in California, it is important to take several steps to protect your rights. Read more about "being served divorce papers" to understand the necessary actions you should take.
The waiting period begins once the divorce papers are filed and served. Even if a couple has been separated for years, the waiting period doesn’t start until the divorce action is filed, and the papers are properly served to the other party.
In California, the waiting period is six months, starting from the date the Petition for Dissolution of Marriage is served. During this time, neither spouse can remarry.
The six months is the minimum time required before a divorce can be granted, but the actual length of the divorce process can vary depending on the complexity of the case and the parties' ability to reach a settlement.
The 6-month waiting period in California is intended to ensure that both parties are genuinely committed to ending their marriage. This extended period allows couples to gain perspective and possibly reconsider reconciliation before finalizing the divorce.
In California, either parent can be awarded custody, or the parents may share custody. While the judge makes the final decision regarding custody and visitation, they typically approve the arrangement (parenting plan) agreed upon by both parents.
California law does not favor one parent over the other in custody disputes. Custody decisions are made based on the best interests of the child. That said, historically, mothers have been more frequently granted custody, often because they have been the primary caregivers.
To file for divorce in California, one of the spouses must meet residency requirements: living in the state for six months and in the county where they plan to file for three months. Same-sex couples and domestic partners must generally follow the same process as opposite-sex couples.
California is a no-fault divorce state, meaning that spouses typically file for divorce due to "irreconcilable differences." In rare cases, a spouse may claim their partner permanently lacks the legal capacity to make decisions.
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