{"id":1420,"date":"2021-09-03T18:55:07","date_gmt":"2021-09-03T22:55:07","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=1420"},"modified":"2022-07-28T09:51:51","modified_gmt":"2022-07-28T14:51:51","slug":"divorce-in-california","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-california\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in California"},"content":{"rendered":"\n

What We Cover In This Article<\/strong><\/p>\n

Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n

No matter what, going through a divorce is difficult, confusing, and emotional.<\/p>\n\n\n\n

However, navigating the divorce process in California without a proper understanding of the relevant laws and the options available to you makes an already complex process even more challenging.<\/p>\n\n\n\n

That\u2019s why we\u2019ve put together this complete guide to getting a divorce in California.<\/p>\n\n\n\n

With the information below, you will understand everything from the different types of divorce to the considerations that courts pay attention to when deciding on custody, child support, and alimony.<\/p>\n\n\n\n

Types of Divorce Laws in California<\/h2>\n\n\n\n

One of the first things to know about divorce law in California is that the state is considered a \u201cno-fault\u201d divorce state.<\/p>\n\n\n\n

This means that the person seeking a divorce does NOT need to prove that their spouse or partner acted wrongly in the marriage.<\/p>\n\n\n\n

Instead, only one person has to decide it isn\u2019t working anymore and begin the process of getting a divorce.<\/p>\n\n\n\n

However, that doesn\u2019t mean that there\u2019s just one way of getting a divorce in California.<\/p>\n\n\n\n

You can take three different legal routes to get a divorce.<\/p>\n\n\n\n

  1. a contested divorce<\/li>
  2. an uncontested divorce<\/li>
  3. a summary dissolution.<\/li><\/ol>\n\n\n\n

    Each of these types of divorces has different laws that govern them, unique requirements that make particular couples eligible for one or the another, and additional costs associated with them.<\/p>\n\n\n\n

    In California, a massive law called the Family Code<\/a> (Ann. Cal. Fam. Code) covers everything to do with divorce throughout its more than 20,000 articles.<\/p>\n\n\n\n

    It establishes what happens in all three types of divorce, as well as the custody of children, division of property, and spousal support.<\/p>\n\n\n\n

    With the family code in mind, it\u2019s important to remember that divorce is not a subjective matter.<\/p>\n\n\n\n

    The circumstances of your marriage and the state of your relationship with your partner make a considerable difference to the specific laws that will determine the end of your marriage.<\/p>\n\n\n\n

    That\u2019s not bad because you can have clear expectations about what will happen so long as you understand the relevant laws at play.<\/p>\n\n\n\n

    In the rest of this section, we\u2019ll go over the three different types of divorce in California in detail.<\/p>\n\n\n\n

    Contested Divorce<\/h3>\n\n\n\n

    A contested divorce is the most expensive and contentious type in California, almost always involving attorneys for both partners and usually ending with time in court.<\/p>\n\n\n\n

    Such a divorce is necessary whenever spouses have disagreements about anything involving the terms of the divorce.<\/p>\n\n\n\n

    Conflicts typically occur regarding dividing property and debts between the two parties, spousal support payments and custody of any children or minors.<\/p>\n\n\n\n

    For example, if a husband completes and files the \u2018Forms to Start a Divorce or Legal Separation<\/a>,\u2019 the next step is to serve those papers to his spouse.<\/p>\n\n\n\n

    A contested divorce will take place if the spouse takes issue with one or more aspects of the information on the divorce papers.<\/p>\n\n\n\n

    For example, debating how much a specific property is worth or whether an account is held jointly or individually.<\/p>\n\n\n\n

    In cases where spouses or partners disagree about divorce terms, compromise through mediation or working together can sometimes lead to agreement and the avoidance of a contested divorce.<\/p>\n\n\n\n

    On the other hand, the disagreements about the divorce terms might be very subjective opinions about the ways that terms should be <\/em>following the divorce.<\/p>\n\n\n\n

    For example, it\u2019s common for spouses to agree about how much a particular piece of property is worth but disagree about who should own it after the divorce or under what terms it should be divided.<\/p>\n\n\n\n

    This is when a contested divorce will follow.<\/p>\n\n\n\n

    In California, once one spouse files their forms with the court and petitions for the marriage to be dissolved, the other spouse has thirty days to file their own set of forms.<\/p>\n\n\n\n

    These response forms are called the \u201cForms to Respond to a Divorce or Legal Separation\u201d and the \u201cForms to Complete Your Preliminary Disclosure.\u201d<\/p>\n\n\n\n

    These two initial filings lay out the positions of both spouses in terms of how the marriage should be dissolved, what should happen to jointly own property, and how custody of any children should proceed after the separation.<\/p>\n\n\n\n

    The documents that each spouse submits can form the opening positions of the negotiation to follow.<\/p>\n\n\n\n

    Before going to court, married couples seeking contested divorces usually try to settle through negotiations led by their respective lawyers.<\/p>\n\n\n\n

    It\u2019s preferable to find a settlement because it saves everyone involved in the divorce a great deal of the time and expense when have to go to court.<\/p>\n\n\n\n

    If they can\u2019t settle, both parties will appear in court before a judge.<\/p>\n\n\n\n

    The court will decide any outstanding issues that the couple has not agreed upon, and both parties must abide by the decision (unless an appeal is made).<\/p>\n\n\n\n

    Pros and Cons<\/h4>\n\n\n
    \n
    Pros<\/div>
    \n