The Legal Process of Divorce: What You Need to Know

Aug 7

2 min read

If you are considering divorce, it's pivotal to consult a divorce lawyer - even if you're not ready to file or discuss it with your spouse. Legal advice is vitally important for protecting your interests.

Our skilled family law and divorce attorneys handle divorces, parentage, custody issues, spousal support and more. We are dedicated to tackling your concerns and guiding the process to align with your goals and best interests.

Divorce

Divorce in California also known as "dissolution of marriage" which means ending the legal marriage and separating your life from the other person's as thoroughly as possible.

Process of divorce in California:

File a petition for dissolution
Submit the paperwork to the court
Deliver the divorce papers to your spouse
Sign and file the final documents.

Guide to getting a divorce in California:

Getting a divorce can be stressful, but having the right divorce lawyer in California by your side to guide you through each step makes the process easier.

RESIDENCY REQUIREMENTS-

To file for a divorce in California, at least one spouse have resided in the state for atleast six months prior to filing. Additionally, the spouse filing must have lived in the country where you plan to file for atleast three months.

PETITION FOR DISSOLUTION-

To start the divorce, file a petition for Dissolution of Marriage with the superior court in your or your spouse resides. The petition outlines details- the marriage, the separation date, children, and issues like custody, property division, child support, spousal support, and attorney’s fees.

NO-FAULT DIVORCE-

In California, you don't need to prove fault for the divorce. Irronicable differences or permanent legal incapacity are sufficient groundsto make decisions. A divorce lawyer in California can help you understand these grounds.

DIVISION OF PROPERTY-

California divides the marital assets and debts equally under the community property laws.

SPOUSAL SUPPORT-

Awarded on factors like marriage duration, earning capacity, and living standards, with the support's duration tied to the length of the marriage. A divorce lawyer can help you navigate these considerations.

MEDIATION AND SETTLEMENT-

Parties are encouraged to use mediation or negotiation to resolve divorce and custody issues, as they are quicker and less costly than going to court. Mediation involves working with a neutral party or attorneys to settle matters like custody, property division, support, or fees.

COURT PROCEEDINGS-

If mediation fails, the case will proceed to be heard before a judge who will resolve the issues based on the evidence presented at hearings and trials.

CHILD CUSTODY-

The court decides parenting time based on the child's best interest.

CHILD SUPPORT-

Child support is calculated using state guidelines considering income and time spent with each parent.

NOTE: Divorce laws and procedures can vary, so it's wise to consult a divorce lawyer in California for effective navigation of the process.