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Getting a Divorce in California
By Julian Fox Published: 12/02/2009
I'm asked every day how to get a divorce in California. To start with, you need to make sure that you're qualified - that is, you've lived in California for six months and in the county of filing for 3 months before filing. That's basically it. You don't have to go to counseling or state any reasons beyond "irreconcilable differences."
The process starts when you serve your spouse with papers including the Petition. He or she has 30 days to file a Response. If they don't file a Response, you can then proceed by default.
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.
When you can't agree on the amount of time you both spend with the children, the court assigns a mediator who is a trained counselor to help you. Sometimes the mediator is helpful in resolving the issues, but other times, the case needs to go before the Judge to decide. You need to know whether mediation is confidential or not. In confidential mediation, the Judge won't have access to your mediation files while in open counties, the Judge will have a mediation report and often make decisions solely on the mediator's recommendations.
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.
Many people wonder whether they need an attorney for their divorce. In an amicable divorce, you may even think that going it alone is the best option to save costs. But, you may make mistakes in things like dividing pensions or tax consequences of certain decisions. That's why it's a good idea to have an attorney involved even if you agree on everything. If this is the case, consider having a mediated divorce where one attorney represents both sides 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.