How to Get a Divorce in Caifornia
- 1). Try to reconcile with your spouse before deciding to file for a divorce. Discuss important matters such as alimony or child support before filing for a divorce if reconciliation has failed. If you cannot agree on terms, a judge in divorce court will resolve your differences. Family court in California makes child custody decisions on the basis of what is in the best interest of children if their parents cannot agree.
- 2). Consult with a divorce lawyer for legal advice even if you want file the marriage dissolution on your own to save money. The attorney walks you through the legal complexities that you need to understand. You can also seek advice from the California family-law courthouse, which acts as a facilitator if you want to represent yourself.
- 3). Put all of your financial documents together that might be required when distributing property, especially in a contentious divorce. Such documents must include all joint financial accounts, property titles, tax returns, retirement accounts and debts.
- 4). File a "Petition for Dissolution of Marriage" with at Superior Court. Wait for a response from your spouse after he or she has been served with divorce papers by the court. The divorce process is expedited if you agree in the property and debt division, child custody and support.
- 5). Wait for a trial date set by the court clerk if your spouse does not agree with your divorce filing. The waiting period before a marriage dissolution is six months after filing in California if the divorce is not being contested. Counting starts after a court hearing in which your spouse challenges your marriage dissolution petition. A summary divorce is usually granted immediately if there are no children and if the marriage is shorter than five years.
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