The California Divorce Process
Are You Planning To File For Divorce In California?
Divorce can be an incredibly stressful process. Whether you’re just starting to consider filing for divorce or if you’ve already begun the process, there are a number of areas you need to consider, like your extended family, children, property, and your finances.
While it isn’t surprising to hear that changing your entire family and marital life can come with a lot of complications, with the right preparation you shouldn’t need to worry about surprises from the process itself.
Call us at (909) 992-0188 to speak with an experienced California family law attorney today. Get a Consultation!
Experienced Divorce Lawyers in California
Our Rancho Cucamonga divorce lawyers at Family Law Advocacy Group provide families and individuals with the passionate and experienced legal representation they need to secure the beneficial outcome they deserve.
No matter how far into the divorce process you may be, we can help. Contact us today to speak with a member of our firm and begin planning your next step.
Divorce Process in California
- One spouse must fill out and file a divorce petition with the court, then serve their spouse with the necessary papers.
- The spouse who received the papers, also known as the respondent, must file their response with the court within 30 days of receiving them.
- Both spouses have the ability to file for an Order to Show Cause which allows the judge to make any necessary restraining, child custody or temporary support orders.
- At this point, the discovery process can begin. During this time, both spouses must exchange any relevant information and documents including, but not limited to any income and expense declarations. Both spouses must also list their community and separate property in a Preliminary Declaration of Disclosure form.
- Once this process is complete, both spouses, as well as their attorney will meet in order to discuss potential settlements. If both spouses agree to the terms of the settlement, then one of their attorneys will list the terms of the agreement in a Marital Settlement Agreement. Once the Agreement is complete, both spouses and their attorneys must sign it to make it official.
- If no agreement is reached, then the divorce will proceed to court.
- After either the Marital Settlement Agreement is signed or the trial is complete, one of the attorneys must complete and file a Judgment of Dissolution of Marriage. Both now ex-spouses attorneys will then receive a Notice of Entry of Judgment.
Who Can File For Divorce in California?
In order to file for divorce in the state of California, either you or your spouse must have been a resident for at least six months, as well as a resident of the county where the divorce is filed for three months prior to the filing. In same-sex marriages, you may file for divorce in California without either of you being a resident as long as you were married in California and your state does not recognize same-sex marriage.
How Long Does It Take To Get Legally Divorced In California?
In California, you need to wait six months or more from the date you submitted the necessary documents for the court to recognize your divorce as official.
What Is a Summary Dissolution?
Depending on the length of your marriage, you may be able to file for a summary dissolution. In most cases, you won’t need to go to court during a summary dissolution, but you will need to work with your spouse to agree on how your property and debts will be divided, fill out the required paperwork and file the documents with the court.
To qualify for this process, you must meet the following criteria:
- No children
- No real estate
- Minimal property
- Minimal debts
- Your marriage must have lasted less than five years
Benefits of Filing for Divorce First
If you are sure that your marriage cannot be fixed, it might be a good idea to dissolve the union. However, is it a good idea to file for divorce first? The simple answer is yes. The benefits of filing for divorce first are as follows:
- Decide on divorce proceedings – By filing for divorce first, you decide when court dates are established. If you and your spouse live in two separate states, you decide under which jurisdiction the divorce is held.
- More time to prepare for the divorce – When you file for divorce first, you can better prepare for what you will ask and begin planning a life separate from your spouse. In particularly unstable relationships, filing first allows you the element of surprise. If you believe your spouse would object or hide assets, you can limit vulnerability. You also have more time to gather the appropriate documents and files you will need.
- End date of marriage – California is a community property state. Both parties must share assets and funds acquired during a marriage. However, when an individual files for divorce, they procure an end date for the union. Any assets or monetary gains obtained after this date do not need to be shared.
- Peace of mind – If your marriage is volatile, filing for divorce may offer the relief you need. It may be unsafe to remain with an abusive or manipulative spouse. Filing for divorce first allows you an avenue to leave.
Common Mistakes People Make During the Divorce Process
Divorce is one of the most emotionally charged and legally complex processes an individual can experience. Unfortunately, mistakes made during the divorce process can have lasting financial, legal, and personal consequences. Here are some of the most common errors people make when navigating a divorce:
- Failing to Understand Their Legal Rights: Many individuals go into a divorce without fully knowing their rights, particularly regarding property division, spousal support, and child custody. This lack of knowledge can lead to significant losses.
- Hiding Assets or Financial Information: Attempting to hide assets to protect financial interests can backfire. Courts take full transparency seriously, and failing to disclose assets can damage your credibility and result in penalties.
- Making Emotional Decisions: High emotions often lead to impulsive decisions, such as agreeing to unfavorable terms just to end the process quickly or letting anger drive negotiations instead of focusing on long-term stability.
- Ignoring the Discovery Process: Failing to provide or collect necessary financial documents or overlooking the importance of discovery can lead to unfair settlements.
- Neglecting Proper Financial Planning: Diving into a divorce without a clear picture of financial implications like debts, expenses, and future needs can leave individuals vulnerable post-divorce.
- Neglecting the Welfare of Children: Amidst the conflict, parents might lose focus on what’s best for their children when determining custody and visitation arrangements. Courts prioritize the child’s best interests, and any failure to do so can hurt a parent's case.
- Using the Divorce to ‘Punish’ the Other Spouse: Treating the process as a form of personal retribution often prolongs the case, increases legal fees, and leads to emotional damage for both parties, especially if children are involved.
- Signing Documents Without Legal Advice: Many individuals inadvertently agree to unfair terms by signing legal documents without fully understanding them or consulting a divorce attorney.
How a California Divorce Attorney Can Help You Avoid Mistakes
Hiring an experienced California divorce lawyer can significantly ease the challenges of divorce. Here’s how they can help:
- Expert Legal Advice: Attorneys provide guidance tailored to California's specific divorce laws, ensuring you understand your rights and obligations.
- Accurate Documentation: They assist in preparing and filing all necessary legal documents correctly and promptly, reducing the risk of errors.
- Objective Negotiation: Lawyers act as impartial intermediaries, helping to negotiate fair settlements without the influence of personal emotions.
- Financial Insight: They work with financial experts to assess asset values, tax implications, and future financial needs, ensuring equitable distribution.
Divorce doesn’t have to be paralyzing or overwhelming, especially with the proper guidance. At Family Law Advocacy Group, our experienced Rancho Cucamonga family law attorneys provide compassionate and knowledgeable representation to help clients avoid common divorce mistakes. We ensure your best interests are a priority throughout the entire process.
Hire an Experienced Divorce Lawyer Today
Our Rancho Cucamonga divorce lawyers at Family Law Advocacy Group have worked with hundreds of families and individuals in order to secure them the beneficial outcome they need to move on to the next phase of their lives.
Related Divorce Blogs
- 6 Tips for Keeping Your Cool During the Divorce Process
- 5 Questions to Ask Your Potential Divorce Lawyer
- How To Best Prepare for a Divorce
- Your Guide to the California Divorce Process
Whether you are starting to consider filing for divorce or if the process has already begun, contact us online or give us a call at (909) 992-0188 to speak with our California divorce team.
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"I Felt Supported and Understood"From the moment I contacted their office, I felt heard, supported, and—most importantly—understood. They made the process feel manageable and gave me peace of mind every step of the way. They truly fought for what was best for me and my family.- Chris C.
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"Exceptionally Attentive"Stephen has been exceptionally attentive, communicative, and genuinely invested to my case. He takes the time to walk me through every step, answers all of my questions promptly, and ensure I always feel informed and supported.- Toni M.
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"They Listened to My Concerns"The staff was so helpful and understood completely what I was hoping to achieve! They were amazing in assisting me with my divorce and always listened to my concerns and needs as a client. I couldn’t be happier with my outcome.- Jamie J.
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"He Truly Listened"Going through a custody battle was extremely stressful, but Thomas McColl made me feel supported and confident the entire time. He truly listened, explained everything clearly, and fought for what was best for my child.- Edd V.
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