Many different aspects of California family law must be addressed during the divorce process, and a family law attorney with experience handling California divorce proceedings can work with you to address them throughout the divorce process. Mistakes in divorce proceedings can be costly, and may have significant consequences.
How to File an Uncontested Divorce in California
If you are contemplating divorce or have questions about the procedure contact JWB Family Law to schedule a consultation. California Grounds for Divorce and Residency Requirements Asset and property division , Child and spousal support , Child custody and visitation , Divorce , Divorce settlement , Separation. Divorce is a legal process that has been left up to each individual state to determine What requirements they will put in place for people to get divorced within that particular state.
Residency Requirements Like most states, California requires you to have lived here for a certain period of time before you can ask California courts to grant your request for a divorce. Questions About Divorce The divorce process has been left up to individual states to establish their own requirements for divorce. Getting divorced in San Diego County? Call us today. Search for:.
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If you or your spouse have lived in California for at least six months, but in different counties for at least three months, then you can file for divorce in either county. However, most couples experience delays to one degree or another, and each delay can push the time frame back by weeks or even months. The biggest factor in determining how long your divorce will take is according to the type of divorce you choose.
Uncontested divorces can be finalized in as little as six months, but contested divorces may go one to two years or more. The other factor that impacts length is how complex your divorce is.
In cases like this, it is sometimes best to retain the services of a Certified Divorce Financial Analyst to assist you. Divorcing spouses in [state] often retain a family law attorney to help them through the process. In simple cases, an attorney may be equipped to handle all aspects of the divorce, including the finances. But if you have a degree of complexity to your financial situation, you might benefit from working with a divorce financial planning expert. A CDFA has specialized training in the financial and tax implications of divorce and can work with you to help you understand the pros and cons of your options.
If you have financial concerns or are interested in learning more about what a CDFA does, be sure to check out our guide: What is a Certified Divorce Financial Analyst? Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out.
It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized. The spouse requesting the bifurcation must ask the court for a separate trial that will deal only with the issue of marital status.
A judge will not grant a bifurcation trial if the minimum waiting time for divorce in California—six months—has not passed since initial divorce papers were served.
Valid grounds to get divorce in California
Judges will also demand a strong reason why a spouse is requesting bifurcation. If you are granted a bifurcation, and you took the last name of your spouse, you can legally restore your name to your maiden name. Another thing to be aware of is that if a spouse maintains health insurance for the other, then he or she must continue to provide coverage, when possible. If you are the person who filed a petition for divorce in California, you can file a Request for Dismissal, as long as your divorce or separation is not final.
To do this, you will need to file Form CIV If you later change your mind and decide you do want to go forward with the divorce, you will need to start the process all over again. If you are not the person who filed the petition, you cannot stop the divorce process on your own. As long as one side wants to get a divorce in California, the other person cannot stop the process by refusing to participate.
It provides a summary of the rights and responsibilities of each party, including financial responsibilities and a division of assets.
10 Step Guide to the California Divorce Process From Petition to Judgment
It also covers child custody, visitation, alimony, child support and other similar issues. Once the divorce decree is issued, parties are legally free to marry another person. The divorce decree is a legally binding document, and if either party does not meet the requirements and obligations set forth in the decree, the other party can take legal action to correct any deficiencies.
After a final divorce decree is granted, the State of California will issue a Divorce Certificate. The certificate shows minimal information, such as the names of both spouses and the date and place a divorce was granted, but typically no other information. Rather than having to produce the lengthier divorce decree, a divorce certificate can provide proof of divorce for many legal purposes. It can be used when a person wants to change the name on any state issued documents, or as proof that the person legally has the right to get married again. Looking for more great tips to help you get through divorce in California?
Here are a few of our favorite guides and resources:. Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. You can email him at jason survivedivorce.
Please leave this field empty. The differences between divorce, annulment and separation What are the grounds for divorce in California? Deciding what kind of divorce you will go through The process of filing for divorce How to complete proof of service Filing for a divorce online Is it possible to file for divorce without using a lawyer? How much does a divorce cost? How long does it take to get a divorce take in California? Should I retain the services of a certified divorce financial analyst?
When bifurcation of marital status makes sense Can I cancel, refuse, contest, stop or reverse a divorce in California? What is a divorce decree? What is proof of divorce? The differences between divorce, annulment and legal separation In California, married couples can end their marriages in three possible ways.
What are the grounds for divorce in California?
What kind of divorce is right for you? In California, there are several ways to end a marriage or domestic partnership: dissolution more commonly know as divorce , legal separation, and nullity also known as annulment. You will find information here that may help you decide which option is right for you and your partner; however you should also consider consulting with a family law attorney so that you are informed of your legal rights and the important legal issues in your case. After you are divorced, or the court grants an annulment, you will be single, and you can marry or become a domestic partner again.
A legal separation does not end a marriage or domestic partnership. A formal judgment signed by a judge and stating the date that your marriage or domestic partnership ends must be filed with the court before your case is final. Can I file for dissolution of domestic partnership if we did not register our partnership with the State of California? Leave these blank.
How Divorce Works in Los Angeles
You may bring these in person or mail them in. If you decide to mail them, provide a self-addressed, stamped envelope with sufficient postage to return the two sets of copies back to you. These are considered conformed copies. One set is for you to keep for your records and the other is for your spouse or partner to have. The set for your spouse or partner will include the two blank forms you printed under step 2.
The person that started the case is the Petitioner. They always remain the Petitioner in the case. When a lawsuit is filed, the person being sued has a right to be told about it. This needs to be done in time for the person to go to court and tell the judge his or her side of the story before the judge makes a decision. Your spouse or partner is the Respondent or the party who will be responding to your Petition for Dissolution, Legal Separation or Nullity.
The Respondent always remains the Respondent in the case. This form lets the court know that the right documents were given to the Respondent in the manner required by law. Be sure to bring an extra copy and self-addressed, stamped envelope with sufficient postage if you mail this in. You have to do this twice.
Getting Divorced in California | Nolo
Even if there are no changes, a final will be required unless the final of the Declaration of Disclosure is specifically waived. This is done by filing forms: Declaration of Disclosure form FL - one time for the preliminary exchange and one time for the final or form L if the final exchange was waived. Declaration Regarding Service form FL - one time for the preliminary exchange and one time for the final. When you and your spouse or partner can agree about the money and parenting issues in your divorce, legal separation or nullity it is considered uncontested.
In many cases the filing of a response document may not be necessary by your spouse or partner. You and your partner will need to work on drafting an agreement and proposed judgment. There are many options and several legal services or attorneys that can help you with all of the requirements of a legal judgment.
The Respondent completes and files their Response with the court. They have 30 days after they receive service in which to do this without risk of being in default.