Things You Need to Know Before Getting a Divorce In California: Divorce Process and Advice

Divorce is an emotional experience and a decision that is rarely made lightly, we as a family law specialist will guide you through this difficult time, provide essential advice and offer support by: 

• Listening to your situation (however complex this maybe)
• Discussing your options on what rights you have as well as your partners 
• Giving you dependable advice about your family, financial security and your home. 
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Most Common Reasons for Divorce In California

Before diving into the divorce process, it’s crucial to understand that divorce can only be granted if your marriage or domestic partnership is recognized by the state of California. You must also meet specific residency requirements: 

• You must have lived in California for at least six months and in the county where you’re filing for at least three months.
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Common reasons for divorce include: 

• Adultery
• Desertion - where you partner has left you for an extended period or time   
• Agreed living apart for an extended period
• Irreconcilable differences - whereby your partner does anything to make you feel you uncomfortable enough to end your relationship 
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However, it’s important to note that California is a "no-fault" divorce state. This means that you don’t need to prove that one spouse is at fault for the breakdown of the marriage. Instead, you can file for divorce based on "irreconcilable differences," which means that the marriage has broken down beyond repair.

Getting Legal Advice on Divorce In California

California state law does not mandate you to seek legal counsel when filing for divorce, as you can handle many aspects of the process yourself, however it is often advisable to seek advice in complicated situations. An attorney can assist you with the division of assets, a new will creation and any other legal procedures. 

If you feel you are at risk of domestic violence, disagreements on child custody or the division of large assets it is important to seek legal counsel and we will prioritize your (and any children involved) welfare and safety, ensuring the right outcome is reached. 

How The Divorce Process Works In California When Using An Attorney

Even if you and your spouse agree on most issues, California law mandates a six-month waiting period between the initial filing and the finalization of the divorce. This period allows for the sharing of financial information, agreement on property division, and the establishment of child custody and support arrangements. 

If you and your spouse are registered as a domestic partnership you do not need to meet the residency requirements, however you may not be able to make decisions on property, finances or custody of children. If you are in a same sex relationship and now live in a state that does not allow divorce of same sex couples, the state can end your marriage but again you may not be able to make decisions on property, finances or custody of children. It is important to reach out to us regarding this.

An attorney can help you negotiate these agreements without needing to go to court. However, if a hearing is necessary, your attorney will represent your interests in court. 

Initial Consultation With A Family Law Attorney

During your initial consultation with an attorney, they will ask about the reasons for your divorce, whether any children are involved, and whether you are at risk of harm from your spouse. These are completely normal questions and will help you determine the grounds for divorce and what is required to start.

- To start the divorce process, you will need to file a petition (FL-100 form), which costs between $435 and $450. If you cannot afford this fee, you may apply for a fee waiver 

- Your passport and certification of marriage maybe required 

(If you have children under the age of 18, you may also need to file a summons (FL-110 form) and possibly a property declaration form).

Your attorney will guide you through these steps, ensuring that all necessary documents are filed correctly and promptly.

Divorce and Children

The welfare of your children during the divorce process is paramount. An amicable and quick resolution on custody is important for their security and is therefore an ideal outcome. How the children will be cared for and provided for will need to be discussed as well as holidays, schooling and significant matters will need to be deliberated on and agreed upon. 

Our family law attorneys will bring significant knowledge and experience necessary to ensure that the outcome will be in the best interest of your children, so a stable and supportive environment can be created during and after the divorce. 

No-Fault Divorce

California has been a no-fault divorce state since 1969, this means that you don’t need to allege blame or wrongdoings by your spouse and it instead can be cited as “irreconcilable differences”. This approach to proceedings is often seen as the least confrontational way to dissolve your marriage, allowing an amicable separation rather than drawing out protracted and lengthy legal battles. 

Mediation and Arbitration

Avoiding going to court is always the desired route, however, disagreements between separating partners can sometimes inevitably arise. A judge will often recommend mediation or arbitration in these circumstances. An attorney can put you in touch with a trained mediator, a neutral third party who helps both partners reach agreements on disputable issues such as property division, custody of children and other delicate matters. 

Arbitration is another way of resolving disputes but is a more formal process, whereby an arbitrator is appointed but you are both legally joined to their decision and they will decide on the outcome of any disputed matters.

East County Family Law Is Here For You 

We know that divorce is never easy, and we are here to make sure you understand the processes involved and that the right support is found. We will endeavor to prioritize your welfare and that of any children involved, ensuring your rights and interests take forefront throughout this challenging time. With increased knowledge about divorce and what to expect we hope to ease any anxiety and hope that the desired outcome is reached.