About Divorces in California
Learning about divorces in California prepares you to navigate the legal system in the attempt to unravel the interwoven assets and debts of a married couple.
Custody and even grandparents' rights are also contentious issues that come up during a divorce procedure and prior to the final decree being signed, these questions are not settled.
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Time Frame
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Being granted a divorce in California requires proof of residency. The courts have determined that you or your spouse must have lived in the state of California for at least six months--and in the county in which the divorce action was filed for at least three months--before they will issue your divorce decree. If you do not meet the residency requirement, you may choose to file for legal separation and later on amend your case to become a divorce action.
Types
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California offers two types of divorces: those granted for incurable insanity and those issued for irreconcilable differences. If you seek a divorce on the grounds of incurable insanity, you must prove to the court that your spouse has been certified by a psychiatrist as being insane and that there is sufficient proof to anticipate that this condition will continue for the lifetime of the individual.
Irreconcilable differences are the catchall that permits for all other divorce reasons, and the court does not require documentation as proof, but instead accepts the statement of the plaintiff spouse as fact.
In other words, when you declare on your divorce petition that you wish to end the marriage due to irreconcilable differences, you are not required to submit evidence with respect to these differences that make a continuation of the marriage impossible. -
Considerations
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California has instituted a fast track for divorces that are between spouses who were married for less than five years, are filing jointly for dissolution of marriage, have no children from the marriage, own no real estate, and have less than $4,000 in joint debts.
If you meet these requirements, and you and your spouse agree on the terms of the divorce and disposal of joint property, consider filing under the Simplified Procedure statute and save yourself the cost of an attorney.
Paperwork for this type of divorce is available for free online. A link for downloading the forms--and instructions for filling them out--is provided in the Resources below.
Benefits
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The benefits of this simplified procedure are evident: there is no need for an attorney or paralegal, you can fill out the forms yourself, and there is no costly trial. If you and your spouse are agreed on ending your marriage, you must both fill out a "Joint Petition for Summary Dissolution of Marriage" form FL-800, a "Property Agreement," and applicable worksheets that show how you arrived at the value and division of community property, which items you claim as separate property, and the division of any obligations you may have as a couple.
The signatures on the paperwork need to be notarized and after you get the papers signed and notarized, you must locate the family court in your county of residence, file the papers, and then wait six months from the date of filing.
After six months have elapsed, go back to court and file form FL-820, the "Request for Judgment," and upon obtaining a signature from the presiding judge, you are officially divorced.
Misconceptions
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Visitation in California divorces involving children is often understood to mean the rights of the non-custodial parent. This is one of the most cited misconceptions of the divorce code. Instead, child visitation is determined by examining the best interest of the child, and this may go against the wishes of one or both parents in some cases. Such visitation may include rights for birth parents, stepparents and also grandparents. This sometimes causes strife when an adoption takes place, and the child's natural family is still permitted access to the minor.
Warning
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Spousal support is often requested but rarely granted in California divorce proceedings. A spouse who is convicted of abuse does not have to be fiscally supported. If an award for spousal maintenance is entered, it is often at the discretion of the court to determine the amount and the duration of the support. The usual litmus test is the time it would reasonably take for the supported spouse to learn a trade or find a means to support themselves.
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Resources
- Photo Credit Morguefile.com/Dawn
