In California, a divorce (also known as dissolution of marriage) is the legal process of ending a marriage. California is a no-fault divorce state, which means that neither spouse has to prove wrongdoing (such as adultery or abuse) to get a divorce. Instead, the person filing for divorce must only state that there are irreconcilable differences that have led to the breakdown of the marriage.
Here is an overview of the key steps, requirements, and considerations for divorce in California:
1. Eligibility Requirements for Divorce in California
- Residency: One spouse must have lived in California for at least six months and in the county where the divorce is being filed for at least three months before filing.
- Grounds for Divorce: California is a no-fault divorce state, meaning you do not have to prove wrongdoing. The two main grounds for divorce are:
- Irreconcilable differences (most common)
- Incurable insanity (rarely used)
2. The Divorce Process in California
The divorce process in California generally involves the following steps:
- Step 1: File the Petition:
- The spouse initiating the divorce (the petitioner) must file a Petition for Dissolution of Marriage (Form FL-100) in the appropriate county court. The petition includes basic information about the marriage and the relief being sought (such as division of property, child custody, and support).
- The petitioner must also file a Summons (Form FL-110), notifying the other spouse (the respondent) of the divorce action.
- Step 2: Serve the Petition:
- The respondent must be served with the divorce paperwork. This can be done by a process server, a friend, or a family member who is over 18. The respondent then has 30 days to respond.
- Step 3: Response and Agreement (if applicable):
- The respondent can file a Response (Form FL-120) if they wish to respond to the divorce petition and address any disagreements regarding issues like property division, custody, or support.
- If both spouses agree on all the terms, they can work out an Agreement and submit it to the court for approval.
- Step 4: Financial Disclosure:
- Both spouses are required to provide full disclosure of their finances. This includes providing detailed information about their assets, debts, income, and expenses. This is done through the Preliminary Declaration of Disclosure (Form FL-140) and the Schedule of Assets and Debts (Form FL-142).
- Both parties must exchange this information, typically within 60 days of filing for divorce.
- Step 5: Negotiation or Mediation:
- If there are disagreements about property division, child custody, or support, the parties may need to go through mediation or settlement negotiations to reach an agreement. Mediation can be a less adversarial process to resolve disputes with the help of a neutral third party.
- Step 6: Trial (if necessary):
- If the spouses cannot agree on important issues, the case may go to trial. A judge will hear the evidence and make final rulings on issues such as division of property, custody, child support, and spousal support.
- Step 7: Final Judgment:
- After an agreement is reached or a trial is completed, the court will issue a Final Judgment of Dissolution of Marriage. This document finalizes the divorce and includes the terms of the divorce, including division of assets, child custody, support, and any other relevant matters.
3. Key Issues in a California Divorce
- Division of Property:
- California follows the community property rule, which means that most property acquired during the marriage is considered jointly owned and will be divided equally between the spouses. Separate property (such as gifts or inheritances) remains with the spouse who owns it.
- Spousal Support (Alimony):
- One spouse may be entitled to receive spousal support, or alimony, based on factors such as the length of the marriage, the standard of living, each spouse’s income, and their ability to support themselves. Temporary spousal support may also be awarded during the divorce process.
- Child Custody and Visitation:
- The court will make custody decisions based on the best interests of the child. This includes determining whether custody will be joint or sole, and creating a visitation schedule.
- Child support will be determined based on the guideline formula set by California law, which takes into account the income of both parents and the amount of time each parent spends with the child.
- Child Support:
- Child support is calculated based on a formula that considers both parents’ income and time-sharing arrangement. It is designed to help provide for the child’s needs, including housing, food, clothing, education, and healthcare.
4. Time Frame for Divorce
- In California, the minimum time for a divorce is six months from the date the petition is filed. However, the actual process can take longer, depending on whether there are contested issues or if there is a need for court hearings.
- If the divorce is uncontested (both parties agree on all issues), the process can be quicker, potentially taking only a few months.
5. Cost of Divorce
- The cost of divorce in California can vary greatly depending on the complexity of the case, the attorney’s fees, and whether the divorce is contested or uncontested.
- Filing fees for the petition and related documents can range from $400 to $500. Additional costs may include fees for mediation, financial experts, or child custody evaluations.
- If you are unable to afford the cost of a divorce, you may be eligible for assistance from a legal aid organization.
6. Mediation and Collaborative Divorce
- In California, you can choose mediation or a collaborative divorce as alternatives to a traditional litigated divorce. These options allow couples to work out their differences with the help of neutral third parties or legal professionals without going to trial.
- Mediation involves a neutral mediator who helps the couple negotiate a settlement.
- Collaborative divorce involves each spouse hiring a collaborative lawyer to assist them in negotiating a settlement without going to court.
7. Finalizing the Divorce
- Once all issues are resolved (either through agreement or trial), the court will issue a Judgment of Dissolution of Marriage. This finalizes the divorce and legally ends the marriage.
Conclusion
Divorce in California is a legal process that involves a series of steps, including filing a petition, disclosure of financial information, resolving disputes (if any), and finalizing the divorce through a court judgment. As a community property state, the division of assets is one of the most critical issues in the divorce process. If children are involved, custody and support arrangements will also need to be addressed.