Getting a divorce in the State of California can be a confusing mess of rules, forms, procedures, and legalese. And because it’s relatively easy to get lost in the twists and turns of this allegedly neverending process, knowing where you are and the steps you should take to get a divorce in California can give you peace of mind and a better ability to make intelligent decisions that will prove to be the best for you and your children.
However, while each situation is unique, there are specific steps everyone must take to move through the divorce process successfully. For instance, you’ll need to hire and work with a family law specialist to help you guide through the process, so, if you live in the OC, finding a local highly regarded family law firm in Orange County to provide you with a lawyer who will offer professional, personalized service to reach a resolution that meets your goals is extremely important.
Anyhow, to help you better understand what is involved in getting divorced in California, here’s a quick guide to serve you as a roadmap and give you a preview of the five steps you need to get through to get legally divorced.
Protect Yourself, Your Children, And Your Estate
To begin with, if you believe that your soon-to-be ex-spouse might become violent, kidnap the children, take money from your joint bank accounts, or conceal other property, first, you need to protect yourself.
This might involve getting a court order to prevent domestic violence, notifying the appropriate childcare providers or schools that a minor should only be released to you, or getting a passport for your child to avoid removal from the country. In addition, together with your lawyer, you can work to get a court order preventing the disposal of assets.
Make Sure That You Meet Residency Requirements And Gather Information
To file for a divorce in California, you must have been a resident of California for at least six months and of the country where you will file from for at least three months if you no longer live in California. However, if you live in the Golden Bear State and have trouble proving your residency status, talk with a family law lawyer from your area to help you gather the documentation you need to verify your status. For example, suppose you reside in Granite Bay. In that case, you should talk to the best family law lawyer in Granite Bay to get your residency status resolved to get legally divorced in California.
In addition, for the California divorce process to be successful, you’ll need to show for you and your soon-to-be ex-spouse how much you earn, what you own, and what you owe to creditors. For that reason, you’ll need to make copies of all necessary documents like bank statements, loan and mortgage documents, pay stubs, credit card statements, W-2 forms and tax returns, vehicle titles, health insurance documents, and utility bills.
Determine Which Divorcing Procedure To Use Together With Your Lawyer
The State of California has a traditional dissolution of marriage procedure and a summary dissolution of marriage procedure. However, to qualify for the summary procedure, you and your spouse must meet the following requirements:
- You must both agree to the divorce;
- You don’t have children;
- You were not married for more than five years before separating;
- You don’t have joint real estate property;
- There are no debts that exceed $6,000, other than auto loans;
- You have a written agreement on dividing the property and debts;
- You waive your right to spousal support.
On the contrary, if any of the abovementioned requirements are not met, you will need to divorce using the traditional dissolution of marriage procedure.
Prepare And File The Necessary Forms
The official divorce forms can be obtained from the court clerk, numerous online sources, or publications at your local library. At the bare minimum, you’ll need to file a Petition for Dissolution of Marriage and financial disclosure forms to get legally divorced. In addition, if you’re using the summary procedure, there will be a separate set of documents to prepare and file. Or, if you have dependent or minor children, there also will be forms relating to child support and custody.
Once you prepare all necessary forms, you’ll need to take the completed forms to the clerk’s office of the Superior Court, pay a filing fee, and finally, file them.
Attend Court Hearings
Unless you employ the summary procedure, there will be at least one court hearing to get your marriage divorced. On this hearing, you might be asked to provide other documents that the judge may require to divorce your marriage and make the procedure final.
Many people believe that under the “ten years rule,” permanent spousal support will be ordered if the couple has been married at least for ten years. However, a marriage of at least ten years only creates a presumption that it’s a marriage of long duration, which qualifies for an extended period for paying spousal support. Still, this is a factor that the judge will consider and not a rule.
Final Words
Finally, you should also know that there’s a California divorce waiting period of six months between the time the Petition is filed and the time that your Judgement of Dissolution of Marriage is final. Once that happens, both you and your ex-spouse will be sent a certified copy of the judgment that your marriage is successfully dissolved.
