Though filing for divorce in California is a relatively simple process, it may not be swift. The state is known for having one of the longest wait times to get a divorce. If you want to make the process as painless as possible, a Long Beach divorce lawyer from this list may be able to help.
California Divorce Requirements
California is a no-fault state for divorce cases, so courts will typically grant divorces even if only one spouse wants to dissolve the marriage. California divorce laws mandate that the petitioner must have been a resident of California for at least six months. Additionally, they must have been a resident of the county where they file for at least three months. When the petitioner files forms in court, they must pay a fee of $435 to $450, which can be waived for individuals who can’t afford it.
Types of Divorce and Separation in California
There are two grounds for divorce in California. The grounds for most divorces are irreconcilable differences. In these instances, petitioners do not need to provide any other reason, though other factors may be relevant for property division or child custody. The other grounds for divorce is permanent legal incapacity. This means that one spouse is medically incompetent and unable to make decisions.
Once a petitioner establishes the grounds for their request, their divorce is categorized as one of the following:
- Uncontested. In this type of divorce, both parties agree on all aspects of the divorce. This doesn’t require a trial.
- Mediated. This is a voluntary, nonbinding process where a third party helps work through any differences. If successful, this can also lead to resolution without a trial.
- Collaborative divorce. Similar to a mediated divorce, in this type of divorce, both parties work together with lawyers to reach fair agreements. It tends to be best when couples are amicable.
- Legal separation. Typically, couples who have religious reasons for avoiding divorce will consider this option. At the end of the process, the couple will still be married but won’t live together, won’t share finances and will split custody of their children.
- Summary dissolution. When married couples have very few assets, have been married for fewer than five years, don’t want alimony payments, don’t own joint property, meet minimum requirements for total debt and asset values and have no children, this categorization allows for a quick, easy divorce.
- Contested. Contested divorces involve a full trial and often take a year or more.
Child Custody, Support and Visitation in California
California courts prefer to grant joint custody to parents after a divorce. Under a joint custody order, parents collaboratively make decisions for their children. The order will determine how much parenting time each parent has, usually resulting in a split somewhere in the 50-50 to 35-65 range. Both parents usually receive liberal visitation rights.
Courts may consider sole custody, split custody or shared parenting, but only if those options are in children’s best interests. Typically, the parent with the higher income pays child support to the other parent as a means of ensuring their children’s needs are met.
Property Division in California
California is a community property state, so any property a couple gains during their marriage is included in their marital assets. During divorce proceedings, the court will split these assets equally unless the divorcing parties agree to an alternative arrangement.
Alimony follows different rules from property division. This process accounts for several factors, including earning capacity and expected quality of life. Judges also consider past abuse when determining alimony.
Filing and Serving Your Divorce Papers
Serving divorce papers is relatively easy in California. Any adult not involved directly in the case may serve the papers to your spouse. They physically hand the papers to your spouse, fill out a form for proof of service and file it with the court.
Finalizing Your Divorce
Finalizing a divorce takes time in California. First, a judge must approve the agreement you and your spouse make, or they must issue a ruling after a trial. Then, you need to wait six months—by law, the divorce can’t be finalized until after this six-month waiting period.