If you have ever decided to end your marriage, you are not alone. Close to 50% of all marriages end in divorce. However, getting a divorce is no easy task.
The process is complicated, with many steps involved. The California Courts website breaks down the divorce process into four main parts, but do not be fooled. It is not as easy as that. It is not that quick either. Some states allow you to be divorced in just a few months. In California, you have to wait at least six months.
If your marriage is ending, know what to expect in California. Here is a guide that explains the divorce process.
Before you file for divorce, you first have to make sure you are eligible. To qualify for a divorce in California, either you or your spouse must have been a state resident for at least six months. In addition, one spouse has to have lived in the county in which you are filing for the divorce for a minimum of three months.
If you are eligible for divorce, you will then need to file the divorce petition with the court clerk in your county. This paperwork initiates your divorce proceeding. This packet identifies the parties and gives some basic information about them. There is also a financial disclosure form that you and your spouse will have to fill out to disclose all your assets. You will need to include information about income, expenses, assets, and debts. This helps ensure a fair division of property and debts.
This simply means providing your spouse with a copy of all the divorce papers you have completed. This gives your spouse formal notice of the divorce case. However, you cannot serve your spouse yourself unless you do it by mail and trust that they will check their mail. Otherwise, you will need to hire a professional process server or ask someone over the age of 18 to serve your spouse (as long as they are not a party to the case.)
Once you have served your spouse, they will have 30 days to respond. This means that they need to file their own set of divorce papers with the court clerk. If your spouse fails to file the response within 30 days, the court can issue a default judgment against them. This means that their preferences regarding divorce matters will not be considered.
You and your spouse will now need to negotiate and settle on the main issues of the divorce. You can use mediators or attorneys to help reach agreements on issues such as property division, child custody, child support, and spousal support. If you and your spouse cannot agree on any of these issues, then the court will have to decide, which may not be in your best interest. Try to be cooperative and work collaboratively in order to reach a fair outcome. If you and your spouse come to agreements on your own, be sure to fill out the necessary forms to let the court know.
Once you and your spouse have agreed on everything, and six months have passed, you will be able to finalize your divorce. The judge will review all the submitted forms and look over any agreements you and your spouse made to ensure everything is in order. Once everything has been reviewed and approved, you will receive a final divorce judgment, also known as a divorce decree.
The divorce decree does not always mean the end of a divorce. Sometimes modifications to alimony, child custody, or child support may be needed based on life changes. For example, situations such as a new, higher-paying job, a disability, or a layoff may mean that more or less money needs to be paid out. A modification will be required to make any changes. Discuss this with your lawyer.
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