Divorce (with children)

A divorce ends a marriage and all direct legal relationships between the couple, except those specifically written out in the divorce decree or judgment. Such issues as spousal support, parenting arrangements, support of children, division of property and payment of debts may be addressed in a written agreement. When both parties agree on these issues, the divorce is “uncontested.”
To obtain a divorce, one or both parties (depending on options available in your state) will file all required paperwork with the appropriate court, beginning with a petition (or complaint) for divorce.

A divorce is granted by a judge after the necessary paperwork has been submitted, all required waiting periods have lapsed and all appearances before the judge are completed. In some cases it is not necessary to be physically present in the court to get a divorce.

Divorce (without children)

A divorce ends a marriage and all direct legal relationships between the couple, except those specifically written out in the divorce decree. Such issues as spousal support, division of property and payment of debts may be addressed in a written agreement. When both parties agree on these issues, the divorce is “uncontested.”

To obtain a divorce, one or both parties (depending on options available in your state) will file all required paperwork with the appropriate court, beginning with a petition (or complaint) for divorce.

A divorce is granted by a judge after the necessary paperwork has been submitted, all required waiting periods have lapsed and all appearances before the judge are completed. In some cases it is not necessary to be physically present in the court to get a divorce.

Response to a Divorce

To get a divorce, one person has to file a petition (or complaint) with the court. The other person may file a response (or answer) to the initial filing and become an active participant in the divorce process. If you choose to file a response you will have the opportunity to provide your reaction to the petition by answering some simple questions.

You may have a choice to file a response with or without a declaration. If you submit a declaration in conjunction with the response, you have an opportunity to provide a more detailed response to the petition.

Should you fail to, or elect not to, formally respond, you may be in default, which means the court may proceed with the divorce without your participation and consent.

Filing for divorce in California: In California there are three ways the law can terminate a marriage:

• Dissolution: The marriage will cease at the conclusion of the proceeding.
  
• Nullity: Declares that the marriage never existed.
  
• Legal Separation: Resolves all the issues of the marriage, but the parties remain legally married and can retain benefits only available to married persons, such as remaining on each other’s medical insurance.

All of the above methods provide for the resolution of the division of property, debts, spousal and child support, child custody and visitation.

Our web site can help you to:

• Compare the specific qualifications for a Summary Dissolution, a Regular Dissolution, Annulment or a Legal Separation in California by utilizing our easy comparison chart.
  
• Learn about Summary Dissolution and take our On-line Test and see if you qualify to file (not everyone is qualified to file a Summary Dissolution).
  
• Discover the advantages of a Marital Settlement Agreement, even in the most simple cases.
  
• Lean how to deal with issues of child custody, visitation and support.
  
• Learn how to change your name during or after your divorce proceedings.
  

California is a “no-fault” divorce state. This means that there are no “grounds for divorce;” one party does not receive any more property or support because their spouse committed adultery, left the family home, or was otherwise considered a “bad” spouse. In California, the grounds to obtain a dissolution of marriage or “divorce” are either 1) irreconcilable differences or 2) incurable insanity. Almost all divorces in California are based on the grounds of “irreconcilable differences.” Additionally, in California one party cannot “stop” a divorce merely because they do not want to get a divorce from their spouse. If one spouse says there are irreconcilable differences and the other spouse disagrees, a divorce will still be granted.

Flow chart and timeline: Filing for divorce in California is a multistep process. After filing the Summons and Petition with the Court, the non-filing spouse must be served. This starts the timeline within which the case can later be concluded and a final Judgment entered. View Flow Chart.

Immediate orders: In all divorce proceedings, once a spouse has been served, automatic restraining orders come into effect. Both spouses are ordered by the Court not to:

• Remove a child of the parties from the State without prior written permission of the other spouse or by order of the court.
  
• Transfer, sell or encumber (borrow against) any property except in the usual course of business or for necessities.
  
• Cancel, transfer or borrow against any insurance (including life, health, auto, disability) held for the benefit of the other spouse or a minor child.
  
• During the court proceedings, both parties are required to exchange information regarding their property, debts, income and expenses. This exchange is completed through formal “disclosures” between the parties.
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During the court proceedings, both parties are required to exchange information regarding their property, debts, income and expenses. This exchange is completed through formal “disclosures” between the parties and is required under Family Code 2100-2113.

Obtaining a judgment: A Final Judgment of Dissolution or Legal Separation can be requested to be entered no earlier than 31 days after the date that the other party was served with divorce papers. There are three ways to obtain a final judgment:

True default: The other party has not filed a response and the parties have not signed a formal agreement. All issues of the marriage including identifying each party’s’ separate property and debt, the division of community property and debt, spousal support, child custody, visitation and support must be addressed unilaterally, and a fair and equitable resolution be presented to the court for approval. This process works well when the parties have been married for a very short period of time (2 years or less) and have no children, community assets or debts.

Uncontested default: This is the easiest and most common way to complete a California divorce proceeding. In this situation, the parties reach an agreement resolving all issues of their marriage and sign a Settlement Agreement which sets forth the parties’ resolution of all issues, identifies separate property and debt, and divides community property and debt. The Settlement Agreement also addresses issues of spousal and/or child support, child custody and visitation. The Settlement Agreement is submitted to the court for ratification and approval. Most uncontested divorce proceedings are resolved by way of a Settlement Agreement, even in situations where the parties have no children, little property and few debts.

Contested: The parties are unable to reach an agreement and a Response has been filed by the other party. It will be necessary for the court to make orders regarding the disputed issues through separate hearings and/or a formal trial. Often these proceedings take many months or even years to complete.