Every divorce proceeding is unique, which can make it complicated, confusing
and a bit difficult to prepare for. Everything from child custody to marital
property is discussed, and while no one expects you to be an expert in
family law, it’s important to have a decent grasp of what to expect
during the divorce process.
Meeting Basic Requirements
Before you can get a divorce in California, either you or your spouse must
have resided in the state for at least 6 months before you can file for
divorce. Aside from that, there’s nothing else you really need to
satisfy. Unlike other states, California is a “no-fault” state,
which means you don’t need a specific reason to file for divorce—the
court only needs to see that your marriage has fallen apart due to “irreconcilable
differences.”
A Divorce Is a Long Process
Depending on your circumstances, your divorce may take several months to
years to finalize. However, the process typically takes at least nine
months after you’ve filed documents with the court. If you have
children, a large amount of property, and other similar factors, the length
of the divorce tends to increase.
Preparing for a Day in California Divorce Court
Appearing in a California divorce courtroom can be daunting, but it doesn’t
have to be. With adequate preparation, you can help your standing in your
case. The best way to prepare is to discuss your appearance and any questions
you have with a family law attorney.
Seeking Custody
When you seek a temporary child custody order, the court wants to hear
evidence regarding the child’s best interests, including their health,
safety, welfare, education, and stability. If domestic abuse or substance
abuse is a problem in the divorce, the court may issue orders that ensure
the child’s safety. The court could order a child custody investigation,
a child custody evaluation by a psychologist, or a drug or alcohol assessment
for the affected parent(s).
Temporary child support orders and temporary spousal support orders are
typically based on the state’s formulas for child and spousal support,
so this process of divorce is often straightforward if the income of both
spouses is undisputed. However, if a spouse is self-employed or is suspected
of hiding income or assets, temporary child support orders and temporary
spousal support orders can become extremely complicated. Evidence and
testimony may be needed, and spouses may need the services of a forensic
accountant.
Marital Property Is Shared
California is a community property state, which means any property and
debts you acquired during marriage generally belongs to both of you equally.
Anything you got before the marriage, and after the separation date, is
considered separate property.
If you are considering a divorce, please contact our lead
Montebello divorce lawyer at the Law Offices of Beatriz A. Pelayo-Garcia.
Call (888) 481-9347 or
contact us online.