Welcome to the Divorce Q&A resource brought to you by the Law Office of Michael DeDecker in Sacramento, CA. Here, we address common inquiries, provide insights, and offer guidance on navigating the complexities of divorce proceedings. Whether you’re seeking clarity on legal procedures, division of assets, child custody matters, or emotional support during this challenging time, we’re here to provide you with the knowledge and resources you need to make informed decisions. Explore our Q&A to find answers to your pressing questions and embark on your journey toward a smoother transition.

• What is the first step in filing for a dissolution of marriage filing for a divorce?

1. Meet residency requirements: At Least 6 months in CA and 3 months in the county where you’ll file.

2. File a petition for dissolution of marriage with the court clerk, including marriage date.

3. Serve your spouse with divorce papers via sheriff, process server, or an adult not involved.

4. Address child custody jurisdiction if applicable especially if kids recently moved.

5. Await response from spouse. If no response within 30 days, seek default judgment. Otherwise, prepare for divorce litigation.

           Remember, specifics may vary, like property division or child arrangements.

• What are the residency requirements for filing a divorce in California?

In California, to file for divorce, at least one spouse must have lived in the state for at least six months and in the county where you plan to file for at least three months. These residency requirements are mandated by California law.

• How long does it take to get a divorce in California?

The timeframe for getting a divorce in California varies. It can take at least six months from the date the person serving the divorce papers files a request with the court to officially end the marriage.

• Is it necessary to hire a lawyer to file for divorce in California?

While hiring a lawyer is not mandatory, it’s highly recommended, especially if the divorce involves complex issues such as child custody, property division, or spousal support. A lawyer can help ensure your rights are protected and that the process goes smoothly.

• What are the grounds for divorce in California?

California is a “no-fault” divorce state, which means you do not need to prove that your spouse did something wrong to get a divorce. The only grounds for divorce in California are irreconcilable differences, which have caused the irretrievable breakdown of the marriage.

• How is property divided in a California divorce?

California is a community property state, which means that any property or assets acquired during the marriage are generally considered community property and will be divided equally between the spouses. However, the court will consider factors such as each spouse’s earning capacity, contributions to the marriage, and any other relevant factors when dividing property.

• Can I get spousal support (alimony) in California?

Spousal support, also known as alimony, may be awarded in California based on factors such as the length of the marriage, each spouse’s earning capacity, and the standard of living established during the marriage. The court has discretion in determining the amount and duration of spousal support.

• How do I start the divorce process in California?

To initiate the divorce process in California, you must file a Petition for Dissolution of Marriage with the superior court in the county where you or your spouse resides.

• What are the filing fees for a divorce in California?

The filing fee for a divorce petition in California varies by county but typically ranges from $300 to $500. Additionally, there may be other costs associated with serving documents and attending court hearings.

• Can I file for divorce online in California?

Yes, California offers online divorce services for couples who agree on all issues related to their divorce, such as child custody, support, and division of assets. This option can streamline the process and reduce costs.

• Do I need to attend court hearings for a divorce in California?

It depends on the circumstances of your case. If you and your spouse agree on all issues, you may be able to finalize your divorce without a court appearance. However, if there are unresolved matters, such as child custody or support, you may need to attend hearings.

• How long does it take to finalize a divorce in California?

The timeframe for finalizing a divorce in California varies depending on the complexity of the case and the court’s schedule. In general, it can take anywhere from six months to a year or more to complete the process.

• Can I get a divorce in California if my spouse doesn’t want to?

Yes, you can still obtain a divorce in California even if your spouse does not agree to it. However, you will need to follow the legal procedures for serving them with divorce papers and may need to attend court hearings to resolve any contested issues.

• How is child custody determined in a California divorce?

Child custody in California is determined based on the best interests of the child. The court considers factors such as the child’s age, health, and relationship with each parent when making custody decisions.

• What is mediation, and is it required for divorcing couples in California?

Mediation is a process where a neutral third party helps divorcing couples resolve issues such as child custody, support, and property division outside of court. While mediation is not required in California, it is often encouraged as a way to reach mutually acceptable agreements.

• Do I need to wait until the divorce is finalized to request child support or spousal support?

No, you can request temporary child support and spousal support while your divorce is pending. The court can issue temporary orders to address financial needs during the divorce process.

• What happens if I can’t locate my spouse to serve them with divorce papers?

If you are unable to locate your spouse to serve them with divorce papers, you may be able to request permission from the court to serve them by alternative means, such as publication in a newspaper. However, you must demonstrate to the court that you have made reasonable efforts to locate your spouse.