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California Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
California Residency Requirement
According to the California Divorce Laws and California Divorce
Guidelines, to get divorced in California, the spouse filing the
case must have been a resident of the state for 6 months and a resident
of the county where the case is filed for 3 months.
Time To Divorce
There is a waiting period of 6 months after filing
the California Divorce Forms and California Divorce Papers before
a divorce will be granted
Place of Divorce (Venue)
The case may be filed in:
County where plaintiff resides
Simplified or Special Divorce Procedures
A marriage of 5 years or less may be dissolved
by summary action. A Joint Petition for Summary Dissolution of Marriage
may be filed if:
(1) either spouse has met the residency requirement for a standard
dissolution of marriage;
(2) there is an irremediable breakdown of the marriage due to irreconcilable
differences;
(3) there are no children born of or adopted during the marriage;
(4) the wife is not pregnant;
(5) neither spouse owns any real estate;
(6) there are no unpaid debts exceeding $4,000 incurred during the
marriage;
(7) the total value of the community property (including any deferred
compensation or retirement plans but excluding cars and loans) is
less than $25,000;
(8) neither spouse has separate property (excluding cars and loans)
exceeding $25,000 in value [On January 1 of every odd-numbered year,
the dollar amounts in this section may be revised];
(9) the spouses have signed an agreement regarding the division
of their assets and the assumption of their liabilities and have
signed any documents or given proof of any transfers necessary to
effectuate the agreement;
(10) the spouses waive any rights to spousal support [maintenance];
(11) the spouses waive their right to appeal the dissolution of
marriage and their right to a new trial upon entry of the final
dissolution of marriage judgment;
(12) the spouses have read and understand the summary dissolution
of marriage brochure available from the county clerk;
(13) both spouses desire that the marriage be dissolved.
California Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences which have caused the irremediable
breakdown of the marriage
Grounds for a Fault based divorce:
(1) Incurable insanity
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in California, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by California divorce guidelines and California divorce
laws, is a scenario where the spouses agree on the terms of the
divorce such as California property distribution, California child
support, or California child custody. Most of our clients (75%)
prefer the Agreed Divorce method and both spouses sign the divorce
papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the California
divorce guidelines and California divorce
laws, is a divorce where the other spouse doesn’t sign the California
Divorce forms or California divorce papers, he/she doesn’t do
anything at all with the divorce. They simply default on the case
and the spouse who files for divorce gets whatever was asked for
in the original paperwork.
Process to file for Divorce in
California
There are only three basic procedural steps to a divorce:
- File California Divorce Papers (California
Divorce Forms)
- Notify Spouse of your filing for divorce
in California
- Attend your California divorce hearing
California Child Custody
Simple Definitions: (source: California divorce guidelines and California
divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
California Child Custody in a shared arrangement,
in one form or another, is the preferred method of our California
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
California Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the California Child Support Guidelines. The guideline amount
is presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a California divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in California.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in California.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in California often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in California, fees must usually
be paid when you file the California divorce forms and California
divorce papers at your county courthouse. These fees vary between
County to County, so it is best to call them and ask what the
fees are in your County. Regardless of whether you are going through
a divorce service, using a California divorce kit, using a divorce
attorney (or divorce lawyer), or doing a nearly free divorce in
California, you will almost always be the one to cover the court
fees which is standard procedure.
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 Divorce
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| 1 |
After
you order, send in your information via the Divorce
Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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