What is the process for getting a divorce in California ? One spouse files a divorce petition and serves it on the other spouse (called the respondent). The respondent then has thirty days to file a response to the petition.
People often wonder if there is a “simpler” or “quicker” way to get a divorce . In most instances, the answer is no. In California , the court requires a minimum six-month waiting period before a dissolution judgment can be entered.
The quickest way to file a divorce is to get professional help from a legal document service. Such a service can help you quickly prepare all the necessary paperwork to complete your case. Furthermore, California divorce is a multi-step process that often comes with delays due to improperly prepared or filed documents.
California Divorce Entitlements: Spousal Support Length of the marriage. Domestic violence. Age and health of both parties. Supporting spouse’s ability to pay.
40…… make that 41 things NOT to do during your divorce Hide things from your attorney. Dispose of assets you know your spouse is going to request. Fail to keep a copy of all communications with your soon to be ex-spouse. Incur debt in your spouse’s name. Make comments in front of your children about your spouse. Use drugs or excessive alcohol.
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
Under California Law, the general presumption for duration of support is “one-half the length of the marriage,” for marriages of fewer than 10 years . This means that if you were married for six years, the judge has the right to limit alimony for one-half of the marriage if the need exists (three years).
A one day divorce requires that you spend one day in court–and many couples spend hours of that day filling out paperwork and waiting for their turn in front of the judge. However, California courts also offer a Summary Dissolution of Marriage as an option for certain couples.
A commonly asked question about legal separation that I hear often is “ Can I date while I am legally separated ?” Technically the answer is yes because California is a no-fault state. However, if you have children, be advised that dating while legally separated could influence child custody arrangements.
The average cost of divorce in California is $17,500 . However, that number can go down significantly in uncontested cases or increase depending on any disputed issues. The more complex your divorce case is, the more expensive it will be. It is best to seek an amicable and non-confrontational divorce if possible.
You can get a divorce without hiring a lawyer in California but specific criteria have to be met. You must also file an uncontested divorce .
Requirements To Get a Divorce for FREE in California To be able to get a divorce without a divorce attorney you must: Have an amicable relationship with your spouse. Be in mutual agreement about asset division and debts. Be in mutual agreement about child custody, child support and alimony.