Divorce doesn’t necessarily need to take place in court, there are other options, and two popular choices are mediation and arbitration.
What Is Legal Separation in California?
A legal separation is a formal and legally binding agreement that divides debt, assets, and property between spouses; it will also address the issues of support and custody. Creating a separation agreement is similar to getting divorced, with the main difference being after a legal separation is finalized, you are still married.
How Can You Find Out If Your Spouse Filed For Divorce?
The first step is to go to the website for the Superior Court in your area. From this website, you will be able to look through the court records digitally. You are able to search by location, case type, name, and other values. If your spouse has filed for divorce, you should find it listed here.
California Is A Community Property State
California is a community property state. Many interpret community property division to mean there is an automatic 50/50 split, but that is not the case. Community property states view all marital assets as joint property regardless of title, but there are exceptions.
Pro Se: A Closer Look At DIY Divorce
Do-it-Yourself divorce has never been more accessible than it is now. But just because you can, doesn’t always mean you should.
How Does Jurisdiction Affect Divorce?
Laws vary from state to state and county to county. You don’t have to file where you were married, but California has 6 month residency requirement, and only one spouse need be a resident. The county residency requirement is 3 months.
Types of Divorce Discovery Tools
Discovery compels each side to reveal what evidence and information they have, such as producing documents, taking witness testimony, and giving depositions.
Should You File For Divorce First?
When you file first, you’ll have more time to find and organize. You define the temporary orders. You can save up for legal fees and other costs. However, if you aren’t prepared, you can make a bad impression in front of the judge. Don’t file first just to be first.
Date of Separation in California
The established date of separation is the date on which one spouse expresses intent to dissolve the marriage, not the date one spouse moves out or files a petition. Once the date of separation is established, that’s the cut-off point. After that, any monies earned, property acquired, pension or retirement benefits accrued, belong to one spouse, not both.
How Long Does The Divorce Process Last?
California has a 6-month mandatory waiting period. The clock starts when the other party is served or files a response, whichever comes first. Common factors that lengthen the process include contention over asset division, custody disputes, and determination of support payments. A divorce may require a period of discovery or investigation.
- Page 1 of 2
- 1
- 2










