How to get divorced in california

Whether you have children with your spouse affects this timing: about 12 months if no children and about 18 months if children are involved.

Get a divorce

If you and your spouse agree on most issues, the details of your divorce could be settled relatively quickly. For example, an online service for uncontested divorces can help a couple come to a resolution in as little as a month. By law, however, it takes six months before the marriage is legally ended. Online divorce services are for couples who can work together on divorce terms and who agree on most issues.

California Divorce Mediation

To use one, you need to:. Once you purchase a plan with your online divorce service, you will be given the relevant divorce forms for your county. Online divorce services like Wevorce and MyDivorcePapers make it easy to quickly get the divorce process rolling. You will also be given instructions on how to file the documents with your local court. Rest assured that your online divorce service will guide you from the beginning to the end of the process, when you can move on to healing. As long as either of you has lived in the state for the previous six months, you meet the state residency requirement to be divorced in California.

You or your spouse just need to be living in a county for three months before the divorce is filed in that county. In this case, you can file for divorce in Marin County, or your spouse can file in Napa County.

Filing California Divorce Forms: Form 1 of 10 the FL-100

However, you first need to make an exhaustive good-faith effort to locate your spouse. For example, you might check telephone listings, use private investigators or look through property records. This means you publish a divorce summons in a newspaper. Your divorce will be finalized six months after you first published the divorce summons.

Your spouse cannot stop you from getting a divorce. If your spouse chooses not to work with you on the divorce, you will receive a default judgment — basically, the divorce will be completed along the terms you set.

Divorce Laws in California | Most Important Things to Know - SmartAssete

If your income is above that threshold, you may still qualify for a fee waiver based on your income, money and property holdings and monthly expenses and deductions. Go to site. Division of property Custody of children Child support. Visitation rights Alimony. Access a database of licensed lawyers based on your legal needs Positively reviewed by customers User-friendly interface Wide range of legal support categories.

Services can get expensive Free review by a document specialist. LegalShield Legal Plans. Coverage for you, your spouse, partner and dependent children Legal advice and representation Letters and phone calls on your behalf Legal document review. Add ons can get expensive. LegalShield aims to make comprehensive legal coverage simple. Rocket Lawyer. Instant access to a library of user friendly legal documents Fast access to a network of certified lawyers Free minute consultations Reduced rates in select services.

Services can get expensive. Rocket Lawyer gives you access to legal documents, legal advice and representation seamlessly. That means that there is a very high duty of loyalty. As part of that fiduciary duty, you are required to be an open book and allow your spouse to see all of your financial information and assets, even if you owned the asset prior to your marriage. On a practical basis, accurate financial disclosures help spouses, their attorneys, and the court to identify the estate.

Identifying the estate makes settlement negotiations easier because there is clarity on what exists and what is owed. Accurate financial disclosures allow both parties to obtain a fair outcome with confidence. The law states that each party must file a financial disclosure within 60 days of filing his or her initial paperwork.

Divorced dad targets California’s ‘outdated’ alimony law

Specifically, the Petitioner must file within 60 days of filing the Petition, and the Respondent must file within 60 days of filing the Response. Final disclosures are required to be filed no later than 45 days before trial. The goal of drafting, filing, and serving the financial disclosures early on in the case is to provide clarity and transparency. In short, you cannot avoid having to do at least one financial disclosure, called the preliminary declaration of disclosure.

It is required by law, period. Many people believe that their situation is unique and that there is some kind of exception to the law based on their circumstances. Common situations include the following:. In every one of the above-mentioned scenarios, the answer remains the same: you are required to complete your financial disclosure before moving forward with your divorce. You will not be able to obtain a divorce without completing your financial disclosures.

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You may be subject to sanctions fines , and may even lose the assets you refuse to disclose. Unfortunately, assuming your spouse is participating in the case, you will not be able to obtain a divorce until your spouse completes his or her financial disclosure. The court can sanction fine your spouse and prohibit your spouse from producing evidence about his or her assets and debts if a financial disclosure has not been provided.

You will first want to identify the areas in which the disclosure is incomplete or inaccurate.

There are various ways to get a divorce, but not all of them need to be difficult.

If your spouse still refuses to accurately disclose assets, you have a number of other options, including formal discovery and seeking court orders. Serving discovery is discussed further in Step 8. In order to waive your final financial disclosures, you and your spouse will need a mutual agreement to do so. Saving yourself time now may hurt you in the future. Use our child support calculator to help estimate your child support obligation under California Child Support Guidelines.

Calculate Child Support. Discovery is the formal method of obtaining relevant information from your spouse. During divorce proceedings, you are permitted to obtain discovery up until 60 days before trial. You can serve discovery directly on your spouse using the following general categories:. This is a formal legal request for documents, electronically stored information, or other records. It is a very useful tool to obtaining documents such as bank records, medical records, paycheck stubs, and tax returns.

These are written questions that must be answered under penalty of perjury. There are two types of interrogatories in family law matters: Form Interrogatories and Special Interrogatories. Form Interrogatories are standard questions that are commonly asked in divorce cases. Special Interrogatories are questions that are specifically tailored to your situation and spouse. This requires your spouse to admit or deny the truth of a statement under penalty of perjury. If your spouse admits a statement it is considered to be a fact that can be used at trial.

Requests for Admissions are generally unhelpful without being used in conjunction with interrogatories.