How to Begin Your Divorce Journey in California

Are you contemplating a divorce in the Golden State? In California, the process is referred to as a dissolution of marriage. It’s a significant step that involves not only separating the marital ties but also addressing the division of assets and debts. This journey can be emotionally challenging, especially when it involves issues like alimony, child custody, visitation rights, and child support.

Starting the Process: Finding Your Way

To initiate a divorce in California, you must meet certain residency requirements. The party filing for dissolution should have been a California resident for at least six months and a resident of the county they’re filing in for at least three months.

Exploring an Easier Path: Summary Dissolution

For some couples, a summary dissolution may be an option. It’s a simpler route if the following conditions apply:

No children or pregnancy involved.

The marriage duration is less than five years.

Neither party has an interest in real property (except specific leases).

Marital debts are less than $4,000, excluding car loans.

The fair market value of community property is under $25,000, with no separate property exceeding $25,000.

Both parties have executed a property settlement agreement.

Spousal support is waived.

The right to appeal and request a new trial is waived.

Both parties have familiarized themselves with the summary dissolution brochure.

The Initial Steps: Filing and Serving Divorce Papers

Whether you choose summary dissolution or the regular dissolution procedure, your journey starts with filing a Petition for Dissolution of Marriage in the Superior Court of your county. For straightforward cases, such as summary dissolution or uncontested dissolution, you and possibly your spouse will need to attend a court hearing. The judge will ask questions to ensure you understand and agree to everything before entering a Judgment of Dissolution of Marriage.

Grounds for Divorce: The No-Fault Approach

Grounds for Divorce:

When it comes to understanding the “Grounds for divorce” in California, it’s not about pointing fingers; it’s about making the process clear and compassionate. Here’s how it works:

1. No-Fault Divorce: Think of it this way — sometimes, marriages just don’t work out. Maybe you and your spouse have drifted apart or faced challenges that can’t be overcome. In California, you don’t have to place blame on anyone. Instead, you can simply cite “irreconcilable differences” as the reason. It means you both tried, but for various reasons, it’s best to part ways. It’s a no-fault approach that recognizes that relationships can change over time.

2. The Rarely Used Option: Now, there’s another option called “incurable insanity” of your spouse. However, this one is hardly ever used. It’s there for those very exceptional cases where your spouse’s mental health has deteriorated to the point where continuing the marriage isn’t feasible. It’s like a safety net for truly unique situations.

Navigating Property Division: Community Property Rules

Property division in California follows the concept of community property, where assets and debts acquired during the marriage are considered marital property. Typically, each party retains their non-marital property, and marital property is divided between them. California law doesn’t require specific factors to be considered in property division, and arbitration may be ordered if you and your spouse can’t agree.

Supporting Your Future: Alimony (Spousal Support)

Spousal support in California is determined based on various factors, including earning capacity, needs, and contributions during the marriage. Considerations include the length of the marriage, domestic violence history, and self-sufficiency prospects.

Child Custody: A Parenting Plan

If you have minor children, custody decisions are a crucial aspect. Legal custody, concerning major decisions, and physical custody, regarding the child’s residence, are central considerations. California prefers joint custody, promoting both parents’ involvement in decision-making and child contact. The goal is to find a fair balance for both parents and, most importantly, the child’s well-being. If an agreement isn’t reached, the court will decide based on the child’s best interests, prioritizing factors like safety and history of abuse.

Financial Support: Child Support Guidelines

Children must be financially supported, typically resulting in one parent providing financial assistance to the other. California follows child support guidelines that consider the child’s needs and each parent’s ability to meet them. You can obtain forms to apply these guidelines from your county’s Superior Court clerk.

What’s Next? The Waiting Period

Remember, a Judgment of Dissolution of Marriage isn’t final until six months after serving the Petition or the other party’s appearance, whichever comes first.

Considering Your Options: Seek Legal Guidance

If you and your spouse are in agreement on major issues, an online divorce might be an option. Otherwise, consulting an attorney for guidance or utilizing services like the ffmediation personal legal plan can help you navigate this challenging journey.

Remember, you’re not alone in this process, and there’s support available to help you make informed decisions during this emotional time.