Divorce Process in California
When marriage doesn’t last ‘til death do us part, you will need to go through a complex maze of financial and legal problems as part of the divorce process in California. A typical divorce in California takes at least six months to finalize. The entire process involves four major steps, which are the same for married couples and domestic partners. It’s likewise the same process for getting a legal separation, except that there is no six-month waiting period requirement.
Step 1 in a California Divorce: Starting Your Divorce Case
You must meet the residency requirements in California to file for divorce. You or your spouse must have lived in the state for the last six months and in your current county for at least three months. You must file your paperwork to start your case and serve your spouse the same paperwork to let them know that you filed for divorce. Your spouse will have a chance to file their response.
Step 2 in a California Divorce: Sharing Financial Information
You are legally required to share your financial information with your spouse after filing for divorce. If your spouse is participating in the process, they must also share their financial details with you. This part of the divorce process is called financial disclosure. Take note that you do not need to file these financial documents with the court. You must, however, fill up a form stating that you have met the financial disclosure requirement and file it with the court.
Step 3 in a California Divorce: Sort Out All Your Divorce Issues
You and your spouse must decide how to divide your assets and debts fairly, care for your kids, and any child support or alimony. You can decide on these issues amongst yourselves, with legal guidance from your California divorce attorney and a mediator if necessary. Once you have reached an agreement, you must write it down and have the court approve it. On the other hand, if you and your spouse can’t agree on all your issue, the judge will schedule a trial and make decisions for you.
If your spouse didn’t file a response to your divorce petition, which means that you are now seeking a default divorce, you can write down what you want. However, the court must still review your request and approve it to ensure that it’s fair for all parties involved.
Step 4 in a California Divorce: Finalizing Your Divorce
Once you have decided on all your divorce issues, you must submit the final documents to the court for your divorce to become finalized.
Get Legal Advice From a Seasoned Divorce Attorney in California Now
No two divorces in California or anywhere else in the country are ever the same. This means that the divorce process will not look the same for every couple, and you may need to go through more steps to help make sure that you secure the best possible outcome for you and your family.
To better understand how the divorce process works, get in touch with the California divorce attorneys at Bamieh & De Smeth right away. Schedule your free consultation with our California divorce attorney by calling 805-643-5555 or reaching us online.