Divorce is never easy but knowing how the legal process works can help make things less stressful. In California, divorce is officially called a "Dissolution of Marriage." California is a "no-fault" state, which means a spouse doesn't have to prove that the other did something wrong, like cheating, to file for a divorce. If one spouse no longer wants to be married, they can file for divorce with the court. Inf fact, the most common reason for a divorce in California is “irreconcilable differences” and what’s more than an irreconcilable difference than one person wants to be married when the other doesn’t!
Once the divorce papers (called a Petition for Dissolution of Marriage) are filed, they must be “served” on the other spouse. That spouse then has 30 days to respond and file their own forms with the court. Before the court can finalize a divorce, both spouses must disclose details about their finances, assets, and debts. This helps decide how property will be divided and whether support is needed. The decision can be amicably or left up to the court in a trial.
When it comes to dividing property, California is a "Community Property" state. This usually means that any property either spouse got during the marriage belongs to both of them equally, unless they obtained the property by “gift, devise, or bequest.” These are some exceptions things obtained during the marriage being community property, but we’ll cover those a future blog. Spousal support, also called alimony, may be ordered for a spouse who earns less money or has a lower “ability” to earn income. The court looks at things like how long the marriage lasted, the lifestyle during the marriage, and what each person can earn. There is no hard fast rule on duration of spousal support, but typically if the marriage is less than 10 years, spousal support will be awarded for half the length of the marriage. If the couple has children, child support will be based on how much money each parent makes, how much time they spend caring for the children, and other factors. Custody and visitation can either be agreed on by the parents or decided by a judge, who will determine a schedule that is in the “best interest” of the children.
Divorce can be complicated, but you don’t have to go through it alone. At The Grey Legal Group, APC, we focus only on Family Law and are here to guide you through every step of the process. If you’re thinking about divorce or are already in the middle of one, contact us today to schedule a consultation and take the next step forward.