For those hoping to get a divorce here in California, it’s important to understand some of the differences in California law that make our state unique. Be sure to consult a divorce attorney in San Mateo to make sure that your divorce goes as quickly and smoothly as possible.
Grounds for Divorce in California
There are only two grounds for divorce here in California. The first is irreconcilable differences. This is also known as “no-fault divorce,” and the court will grant a divorce for this reason so long as one of the spouses is willing to say that there are irreconcilable differences in the marriage that simply cannot be resolved. Even if the other spouse disagrees, the court will still award a divorce so long as one spouse is insistent. There is no proof required and no need to explain why the marriage cannot be saved. It’s enough that one of the partners is sure that it cannot. The other grounds for divorce is insanity, and it must be considered incurable. This grounds for divorce must be backed up with evidence and medical testimony.
In most other states, there are other grounds for divorce, such as adultery, cruelty, or abandonment. This is simply not the case in California, and it’s important not to confuse general information that you may have gotten from other states or from TV or movies with the law here in our state.
Other Things to Know About a California Divorce
Residency Requirements
You must have been a resident of the state for at least six months to file for divorce here. Only one spouse needs to have been a California residence, but one or both of the spouses must also have been a resident of a particular county for three months before they can file for divorce in that county. If you don’t meet the residency requirements for divorce, you can get a legal separation, but a legal separation is not the same thing as a divorce, and you will want to talk to a lawyer about whether it’s the right move for you.
Getting a Divorce Attorney in San Mateo
Having an experience local attorney on your side is always an important thing in a divorce. Divorce is highly emotional, and your attorney can keep you focused on the future and your own best interests at moments when it’s tempting to become caught up in the emotions of immediate conflict. Your attorney will also protect your rights in all negotiations with your spouse and make sure that any agreements that you and your spouse come to are going to be acceptable to the California family courts.
Filing a Petition
Divorce begins in California when one spouse files a petition and then serves the other spouse with a copy of the divorce paperwork. At that point, the other spouse has 30 days to file a response form, and if they do not respond, they will not have a chance to contest the details of the divorce or take it to trial. For the most part, whatever you then requested as the petitioning spouse would be granted by the court, within reason. The court will still, for example, consider what it believes is in the best interest of the children when it comes to child support or custody regardless of what either spouse might want.
However, if you and your spouse agree to all the terms of the divorce and have no interest in spousal support, you can submit a joint petition and avoid having to go through a court hearing. This is usually the easiest and fastest way to get divorced, but you cannot do this if you children or complicated assets and liabilities or if you’ve been married for longer than five years. Talk to your lawyer about whether this is a good move for you.
Waiting Period
California has a six-month waiting period before a divorce can be finalized. This period of time is given in case you and your spouse change your minds and want to reconcile, but you can also use it as time to cool off and negotiate more effectively so that the two of you can stay in control of your own family as much as possible. The more that you can agree upon, the less involved the court will be in making decisions about how your assets are divided, child support and visitation, etc.
Mediation
It’s quite common for the divorce courts in California to ask couples to go into mediation to resolve their disagreements outside of court. In a mediation situation, and neutral third-party will help you and your spouse to find common ground. The ideal scenario is that you come away with a signed agreement on all the major issues of your divorce and don’t need to take the divorce to trial. While mediation is always voluntary when no children are involved, the courts encourage it, and it’s a good idea to at least consider it. If there are children involved, you may be required to go through mediation.
Asset Division
California is a community property state that divides the marital or community property 50/50. Community property is anything that either of you obtained during the marriage as well as any debts that either of you incurred. Separate property is anything that either of you owned (or debt that you acquired) before you came to the marriage or specific inheritances made to one of you during the marriage.
It can be tricky to divide assets because there are some assets that are difficult to split in half, like a house. If you and your spouse can come to an agreement about how to split your assets and debts, this allows you to stay in control. A lawyer can help you to negotiate effectively and come up with a fair split.
Spousal Support (Alimony)
Alimony, or spousal support as it is known here in California, is not necessarily a given. The judge will decide whether to award spousal support after looking at the financial disparity between the spouses and whether one of them will have trouble becoming self-sufficient. They will also consider the age, health, and earning capacity of each partner as well as any separate property each may have that they can lean on.
Spousal support is almost always temporary, as its goal is simply to support one spouse for a time until they can build a career to the point of becoming self-sufficient. A history of domestic violence may also influence spousal support decisions. If you need immediate support, talk to your lawyer about getting temporary orders. The court will sometimes award temporary orders immediately so that one of the spouses can be supported until the divorce is finalized.
Divorce is almost always a complicated procedure, and while it’s all about the legalities to the court, to those involved it’s a highly emotional and difficult time. A divorce attorney can take much of the stress off your plate by dealing with all the paperwork, streamlining the process, and negotiating effectively on your behalf. Schedule a consultation with us at Seeley Family Law today. We’re the Bay Area’s experienced family law attorneys with over 35 years of experience helping local families move forward.