California state has its own unique set of divorce laws, which can be complex and nuanced. Understanding these laws is crucial for anyone going through a divorce in CA.
If you are getting into a divorce in California, it is beneficial to be knowledgeable about the divorce laws. Whether you decide to hire a CA family attorney or handle the divorce yourself, you will need to make important decisions and should be aware of what to anticipate.
The courts in CA will consider various factors in the divorce settlement, including property division, spousal support, and child custody and support. California is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally.
In this article, we will take a comprehensive dive into everything you need to know about California divorce laws and guidelines, so you make your best decision while you move along.
Types of Divorce in CA
In California, there are two types of divorce options available:
- No-Fault Divorce: This is the most common type of divorce in California. It is called a “no-fault” divorce because it does not require either party to prove that the other spouse did something wrong or was at fault for the breakdown of the marriage. Instead, one party can file for divorce citing “irreconcilable differences,” which means that the marriage has broken down and there is no chance of reconciliation.
- Fault-Based Divorce: In rare cases, a spouse may choose to file for a fault-based divorce, which requires them to prove that their spouse is at fault for the breakdown of the marriage. The grounds for a fault-based divorce in California include:a. Adultery
b. Bigamy
c. Abandonment
d. Extreme cruelty
e. Imprisonment
f. Incurable insanity
Note that fault-based divorces are less common in California and can be more complicated and expensive than no-fault divorces.
Uncontested Divorce in CA
To file for an uncontested divorce in California, both spouses must agree on all aspects of the divorce, such as the division of assets, spousal support, child custody, and child support.
The spouses must submit a signed separation agreement, which the CA court will review. If approved, the spouses will attend a final hearing, where a judge will ensure that both parties understand and agree to the terms. If satisfied, the family court judge will issue a final divorce decree.
Divorce rate in California
The divorce rate in California has been decreasing and was at its lowest in 2019 since 1966. It is also lower than the national average. However, the rate can vary depending on factors such as age, education, and income. The COVID-19 pandemic has also caused stress on relationships, resulting in an increase in divorce filings in some areas.
How to File for Divorce in CA
Filing for divorce in California State can be a complicated process, involving various legal requirements and procedures. In general, the process involves filing the necessary paperwork with the CA family court, serving the other spouse with the divorce papers, and attending court hearings as required. The specific steps involved can vary depending on the type of divorce, whether it is contested or uncontested, and other factors.
Divorce Process in California
Here are the steps to file for divorce in CA:
- Meet residency requirements: At least one spouse must have lived in California for at least six months before filing for divorce.
- Fill out divorce papers: The person who is initiating the divorce (the petitioner) must fill out the necessary forms, including a Petition for Dissolution of Marriage, a Summons, and a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (if children are involved).
- File the forms with the court: The petitioner must file the completed forms with the Superior Court in the county where either spouse resides.
- Serve the other spouse: The petitioner must serve the other spouse (the respondent) with a copy of the filed forms, along with a blank Response form.
- Wait for the response: The respondent has 30 days to respond to the divorce papers.
- Reach a settlement agreement: If both parties agree on the terms of the divorce, they can submit a settlement agreement to the court for approval. If they cannot reach an agreement, they may need to attend mediation or a court hearing.
- Finalize the divorce: Once the settlement agreement is approved, or after a trial, the court will issue a Judgment of Dissolution of Marriage, which officially ends the marriage.
Online Divorce in California
In California, there are options for couples who wish to file for divorce online. Here is a general process for online divorce in California:
- Choose an online divorce service provider: There are several online divorce service providers available in California. Research and choose a reputable provider that offers the services you need.
- Complete the online questionnaire: Once you have chosen a provider, you will typically need to complete an online questionnaire about your marriage, finances, and other relevant information.
- Review and sign the forms: After completing the questionnaire, the service provider will generate the necessary divorce forms. Review the forms carefully and make any necessary changes. Then, sign the forms and have them notarized.
- File the forms with the court: The service provider will provide instructions on how to file the forms with the Superior Court in the county where either spouse resides. You may need to pay a filing fee.
- Serve the other spouse: The petitioner must serve the other spouse (the respondent) with a copy of the filed forms, along with a blank Response form. This can usually be done via mail or email.
- Wait for the response: The respondent has 30 days to respond to the divorce papers.
- Reach a settlement agreement: If both parties agree on the terms of the divorce, they can submit a settlement agreement to the court for approval. If they cannot reach an agreement, they may need to attend mediation or a court hearing.
- Finalize the divorce: Once the settlement agreement is approved, or after a trial, the court will issue a Judgment of Dissolution of Marriage, which officially ends the marriage.
Cost of Divorce in California
The cost of divorce in CA will vary depending on factors such as the complexity of the case, whether or not the couple can agree on the terms of the divorce, and whether or not they hire attorneys. In general, the cost of a California divorce can range from a few thousand dollars to tens of thousands of dollars.
Divorce Papers and Forms CA
California requires various forms and papers to be filed in order to initiate and complete a divorce. These papers and forms can vary depending on the circumstances of the divorce, such as whether the divorce is contested or uncontested, whether children are involved, and the assets and debts of the couple.
Some of the most common forms required in a California State divorce include a Summons with Notice or Summons and Complaint, a Verified Complaint, Affidavit of Service, and a Judgment of Divorce.
Grounds for Divorce in CA
California is a “no-fault” divorce state, which means that couples do not need to prove fault or wrongdoing to obtain a divorce. The only grounds for divorce in California is irreconcilable differences, which refers to a breakdown in the marital relationship that cannot be repaired. This means that one or both spouses simply believes that the marriage cannot be saved, and there is no requirement to prove fault or blame.
Requirement and Waiting Period
In California, either spouse must have been a resident of the state for at least six months prior to filing for divorce, and must also have been a resident of the county where the divorce is filed for at least three months. There is also a mandatory waiting period of six months from the date the divorce petition is served on the other spouse before the divorce can be finalized.
This waiting period is intended to give couples time to reconsider their decision to divorce, but in cases where both spouses agree to the divorce and all terms of the divorce have been settled, the divorce can be finalized.
How a CA Judge Will Divide Marital Property
In California, marital property is divided based on the principle of community property. This means that any property acquired during the marriage, with a few exceptions, is considered community property and is therefore equally owned by both spouses.
When making decisions about the division of marital property, judges in California will consider factors such as the length of the marriage, the age and health of the spouses, their respective incomes and earning capacities, and any prenuptial agreements that may be in place.
Community property in CA is generally divided equally between the spouses. However, in some cases, the court may decide to deviate from a 50/50 split in order to achieve a fair and equitable result.
In addition to the division of property, judges in California may also make decisions about spousal support (also known as alimony) and child support. Spousal support is designed to provide financial assistance to a spouse who is unable to support themselves after the marriage has ended, while child support is intended to ensure that any children involved in the divorce are adequately supported.
Basics of California Divorce
While we have discussed major points about CA divorce, there are still some other basics that you need to know when it comes to divorce in California. Here are some of them:
Child Custody in California
In California, child custody after a divorce is determined based on the best interests of the child. The court will consider a variety of factors, such as the child’s age, health, and emotional well-being, as well as each parent’s ability to provide for the child’s physical, emotional, and educational needs.
There are two types of child custody in California: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, healthcare, and religion. Physical custody refers to where the child lives and who has day-to-day care of the child.
The court may award sole custody to one parent or joint custody to both parents, depending on what is in the best interests of the child. If one parent is awarded sole physical custody, the other parent may still have visitation rights.
Also, California encourages parents to create their own custody and visitation agreements through mediation or other alternative dispute resolution methods. If parents are unable to agree on custody arrangements, the court will make the final decision based on the best interests of the child.
Divorce in CA Without Spouse Signature
In CA, if one spouse wants a divorce and the other spouse does not want to sign the divorce papers, the process can still move forward. The spouse seeking the divorce can file a Summons with Notice or a Summons and Verified Complaint with the court, which the other spouse will be served with.
If the other spouse fails to respond to the court within a certain period of time, the CA court may enter a default judgment in favor of the spouse seeking the divorce. However, if the other spouse contests the divorce, the court may require a trial to determine the grounds for divorce and any related issues such as property division and child custody.
CA Child Support Guidelines
In California, child support is determined based on statewide guidelines that take into account both parents’ income and the amount of time each parent spends with the child. The court will use a formula to calculate the amount of child support, taking into account factors such as the child’s basic needs, healthcare expenses, and education costs.
Parents can agree to a child support amount outside of court, but it must still comply with the state guidelines. In cases where one parent has a significantly higher income than the other, the court may deviate from the guidelines in order to achieve a fair and equitable result.
Divorce Records in CA
In California, divorce records are maintained by the California Department of Public Health, Office of Vital Records. These records are considered public records, which means that anyone can access them.
Divorce records in California contain information such as the names of the parties involved, the date of the divorce, the county where the divorce was filed, and the case number. They may also include information about child custody, property division, and any spousal support agreements.
To obtain a copy of a divorce record in California, you can either visit the Office of Vital Records in person, mail in a request, or order online. The fee for a copy of a divorce record in California is currently $25.00.
How to Hire a Divorce Attorney in CA
Hiring a divorce lawyer in California can be a crucial decision for individuals going through a divorce. A divorce lawyer can provide legal advice and representation throughout the divorce process, ensuring that the individual’s rights and interests are protected.
When hiring a divorce lawyer in CA, you need to consider their experience, qualifications, and reputation. It is recommended to choose a lawyer who specializes in family law and has experience handling divorce cases similar to your own.
The cost of hiring a divorce lawyer in California can vary depending on the lawyer’s experience and the complexity of the case. Some lawyers charge a flat fee for their services, while others charge an hourly rate. It is important to discuss the lawyer’s fees and payment options upfront to avoid any surprises later on.
FAQ
Divorce in CA; Who Gets What?
In California, the property is divided fairly but not necessarily equally between spouses during a divorce based on the principle of equitable distribution. Marital property acquired during the marriage is subject to division, while some assets such as those acquired before the marriage or through inheritance or gifts may be exempt. The court will make a determination if the parties cannot agree on the division of property.
What is a Wife Entitled to in a Divorce in CA?
In a divorce in California, a wife is entitled to a fair distribution of marital property acquired during the marriage and may also receive spousal support if she demonstrates financial need and if the court determines the other spouse has the ability to pay.
Divorce in CA with Child; How does it Work?
In a California divorce with a child, the court considers the best interests of the child when making decisions about custody and support. Joint or sole custody may be awarded, and child support is determined based on a formula that considers each parent’s income and the child’s needs. A divorce lawyer can provide guidance and help ensure a fair outcome for the child.
How Long does it take to get a Divorce in CA?
The time it takes to get a divorce in California varies depending on whether it is contested or uncontested. An uncontested divorce can be finalized in several months, while a contested divorce can take years. There is a mandatory waiting period of at least six months. It’s important to work with a divorce lawyer to ensure your rights are protected throughout the process.
Conclusion
California divorce laws and guidelines are intricate and have a wide range of matters to be addressed. It is vital to have a good understanding of these laws in order to make informed decisions and ensure a fair outcome. By understanding these CA divorce laws, individuals can better prepare themselves for the process and take the necessary steps to protect their rights and interests. For more details about CA divorce, check out the CA divorce statute.
California Resource
- California Child Adoption Guidelines
- California Child Custody and Visitation Guidelines
- California Child Support Guidelines
- California Divorce Guidelines
- California Marital Property Guidelines
- California Spousal Support Guidelines
- How to Check California Child Support Payment History
