Posts Tagged ‘divorce’
Many people wonder how to get a divorce in California. The process is fairly straightforward. There is no requirement that you go to counseling or try to reconcile your differences. You simply have to be a resident of the state of California for 6 months and a resident of the state you’re filing in for 3 months.
Once you have decided to get a divorce, you file a Petition and serve it on your spouse. Your spouse then has 30 days to file a Response. If they don’t, you can proceed by default and continue the case without their input.
Assuming that they file the Response, the next step is to initiate discovery. At the very least, you will need to file a schedule of assets and debts and an income and expense declaration.
If there are assets like a business or pensions, the divorce can be complicated. You want to make sure you get what is coming to you while at the same time not overly complicating the divorce.
Property issues can complicate a divorce, but they are simple compared to what most people go through in a case where children are involved. Many people, thinking they are doing what is in their children’s best interest, actually begin to use the children as weapons. If you can resolve the child custody issues between yourselves, you spare yourself a lot of stress in the divorce and your children a lot of heartache.
If you cannot decide on child custody issues then the court will assign a mediator to help you. The mediator’s role is different in each county. For instance, in some counties, the mediator makes a report to the Judge who often uses it as a basis for the ultimate decision. In other counties, mediation is confidential and no report is made.
Once child custody has been determined, then child support will be calculated. California uses a guideline support formula and Judges don’t have much discretion in deviating from it. Guideline Support takes into account the amount of money the two parties make and the time share with each parent.
Do you need an attorney to get divorced? I would say “yes” even if your issues are simple and you agree on everything. That’s because there are things you don’t know which could pop up later. If you are fairly amicable, consider a mediated divorce where you pay one lawyer to do all of the work for both parties and protect both parties’ interests for one fee.
But, if there are going to be complications such as fighting over property or child custody, you definitely need an attorney. Try to get one for your initial Petition or Response. If your lawyer is with you from the beginning, he or she can help steer the whole case. If they jump on board later when you have already made critical mistakes, then their effectiveness may be more limited.
Getting a divorce in California may look easy on paper, but in reality, it is loaded with emotional and financial issues. Divorces can be heartbreaking. A lawyer can take some of the burden off your shoulders.
Julian Fox is a Riverside Family Law Attorney who specializes in tough child custody issues in Riverside, San Bernardino, and Orange Counties. Visit his website at http://FoxFamilyLaw.com
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