Divorce
Divorce in California requires a six-month waiting period before its finalization.
Divorce is a complex process, especially if it involves children and tangible assets such as a house, bank accounts, vehicles, and jewelry. It could also be daunting, tiring, and nerve-racking for everyone affected.
However, in as much as divorce per se is quite emotionally-driven, one must be guided accordingly to obtain its finality. Here are the steps to start the divorce process:
- You must be a resident of California for at least six months, and at least three months in the county you live when you start filing for divorce.
- Gather all the necessary documents, such as your earnings statements, income tax returns, pay stubs, and bank account statements.
- You might need temporary support for yourself and for your children while processing the divorce. Therefore, you will need to fill out more forms to obtain spousal and child support.
- Take note that there are two divorce procedures followed in California. The traditional dissolution of marriage and the summary dissolution of marriage.
- Summary Dissolution of Marriage: Certain requirements must be met to qualify for summary dissolution. These are the following:
- You and your spouse have agreed to the dissolution.
- There are no children involved, i.e., no children borne out of the marriage.
- There are no properties involved, or if there are properties, you and your spouse must have agreed in writing on how to divide them, and titles must be executed.
- You and your spouse must also agree in writing how debts shall be divided.
- You were not married for more than five years before the date of separation.
- Other than car loans, there must be no debts of more than $6000.
- Both you and your spouse agree to waive your rights to spousal support, file an appeal, and ask for a new trial.
- You both must have read a brochure on summary dissolution.
- Your community property must be less than $41,000, and neither of you should have a separate property of more than $41,000. This requirement does not include vehicles and encumbrances.
- Summary Dissolution of Marriage: Certain requirements must be met to qualify for summary dissolution. These are the following:
If you and your spouse do not meet any of these requirements, the only route you must take is via traditional dissolution of marriage.
- Obtain and prepare the necessary forms. You may get the forms from the court clerk or online. Make sure you have the forms for filing the Petition of Dissolution of Marriage, financial disclosures, and child support and custody forms, if applicable. Separate forms must be obtained for summary dissolution.
- As soon as you have completed all the necessary forms, file them and pay the filing fee with the court clerk at the Superior Court of California.
- Make sure the respondent spouse is notified of the divorce proceedings. He/She may be notified by signing the same petition you filed, he/she is legally served with court papers, or if you cannot locate your spouse, a proper legal notice must be published.
- A court hearing or hearings, depending on what procedure is used, will be scheduled by the court. Attend all the hearings and be prepared with other documents that the court/judge might require.
- Wait for the final court’s judgment. In California, the process takes about six months from the time of the filing of the petition to the final judgment. It may take more than that if your case has some special circumstances. Typically, though, it takes about six months.
