The Divorce Process in California
The First Step in Getting a Divorce in California
If you’re considering getting a divorce in California, the first step is to make sure that California is the appropriate state for filing for divorce. To have your divorce case heard in a California court, at least one party must have been a resident of California for at least six months and a resident of the county where the case is filed for three months. If you haven’t lived in California for that duration, you may need to consider filing in another state or county. For individuals with more complex residency situations, seeking guidance from the county court or a local divorce lawyer could be beneficial.
The Process of Filing for Divorce
When filing for divorce, the petitioner must complete a petition and a summons. The petitioner is responsible for ensuring that the respondent receives these documents and is informed about the legal proceedings. If the respondent is properly notified, they have 30 days to submit a response; otherwise, they may be considered to have waived their right to respond.
Additionally, depending on the county where the petitioner files, there may be additional forms to complete. It’s advisable for you to contact the county court, or a divorce attorney near you for any inquiries or assistance with the process.
Changes to the Divorce Process When Each Party Agree to the Divorce
In cases where both spouses are in mutual agreement about the divorce and there are few contentious issues to resolve, they may choose to file a joint petition for a summary dissolution. However, this option is not available to couples who have been married for more than five years, share children, have substantial assets, and have significant financial responsibilities. However, other amicable approaches such as mediation are available.
The Next Step in the Divorce Process After Filing for Divorce
After the divorce process has begun, both parties are required to provide complete disclosure of all their financial information within 60 days of filing their petition or response. This includes debts, tax returns, trusts, passive income, dividends, pensions, and any other relevant financial details. The purpose of this disclosure is to facilitate an equitable division of property, as California is a community property state. Parties must fully and truthfully disclose all financial information. It’s important to note that the disclosure of assets does not automatically entitle the other spouse to them. The determination of entitlement will be made during the divorce process. In cases where there is a dispute over the entitlement to an asset, it is advisable to seek the guidance of a divorce lawyer near you, to ensure that your interests are safeguarded.
The Typical Timespan of the Divorce Process in California
The divorce process can vary based on a variety of factors including the complexity of issues that occurred during the marriage, the date of separation, whether the couple has children, the age of any children, the extent of the couple’s assets and debts, and more. If both parties agree to the initial terms of the divorce, the couple will still have to wait at least 6 months and one day in order to obtain a divorce in California. However, if there are contested issues, it may take much longer–it is not uncommon for complex divorce cases to go on for 5 to 7 years in California. In cases where parties are unable to decide on how to proceed with the division of assets and debt, the court will make the decision based on California law and the specific circumstances of the couple.
The Benefits of the Support of a Divorce Lawyer
Navigating the complexities of divorce in California can be a challenging and emotionally draining experience. At the Law Office of Darshann Wienick, we understand the challenges the divorce process present to clients, which is why we dedicate ourselves to being compassionate and extremely responsive all of our clients. Being well-versed in California divorce law, as well as the nuances of such a complex and often emotionally charged process, the Law Office of Darshann M. Wienick is well-suited to assist you.
If you are currently facing a divorce and find yourself searching for “divorce lawyers near me,” consider partnering with the Law Office of Darshann M. Wienick. Our goal is to ensure that your case is handled fairly and with empathy that helps decrease the stress and anxiety that inevitably arises in divorce actions. Reach out to us to schedule a free consultation and take the first step towards navigating your divorce with confidence.
