California Divorce Guide
I want a divorce. What do I do? What do I file for divorce? What if I don’t want a divorce?
In the California Divorce Guide you will find information on how to start your divorce. You will also find issues you may encounter during your divorce and how to finalize your divorce. Click on one of the following link to let the California Divorce Guide take you to our website for more information about our law firm.
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California Divorce Guide on Hiring an Attorney
Do I need to hire a divorce attorney? What does a divorce lawyer do?
I tell all of my clients the following: “You are getting divorced and you are entering into another relationship – with your attorney.” The point being, you should feel as comfortable with your attorney as you did when you married your spouse. Remember, you will be spending time with your attorney and will be disclosing, to them, personal and confidential information. The relationship needs to be based on complete trust so that you, and your attorney, can work together in resolving your case. Your California Divorce Guide links you to our website which has more information on hiring an attorney.
California Divorce Guide on Filing For Divorce
Should I file or wait for my spouse to file? Does it make a difference if I file first?
By reading the California Divorce Guide and visiting our website, you will learn how to file for divorce by completing and filing a Petition for Dissolution and Summons. The spouse filing for divorce is called the petitioner and the other spouse is called the respondent. Once filed, the petitioner will need to personally serve the petition and summon on the respondent. The petitioner cannot do this themselves but can hire a process server or have a friend serve the petition and summons. After which, the “server” will need to complete a proof of service which needs to be filed with the court.
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How to Start Your California Divorce
Divorce Residency Requirements
California Divorce Guide on Child Custody
I want custody of my children. Can I get custody in a divorce?
There are many things you can do should you be anticipating a divorce. If you have children, you should begin creating a log of when the children are with the other parent, who is taking the children to daycare or school, and which parent is tending to the child’s other needs. This can be very useful should there be an issue involving child custody and visitation. The California Divorce Guide has a number of links which covers all issues applicable to child custody.
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California Divorce Guide on Child Support
I want child support. Can I get child support in a divorce?
California child support is also known as “guideline child support” meaning that orders for child support follow some fairly standard guidelines to ensure that both parents are contributing to the care and well-being of their child. Use the California Divorce Guide and click on one of the following links for more information on child support.
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California Divorce Guide on Spousal Support
I want spousal support (alimony). Can I get spousal support (alimony) in a divorce?
After a judge makes a spousal support order, you or your former spouse may need to change the order. Any change in a spousal support order is called a modification. If you are in this situation, you have to show that there has been a “change in circumstances” since the last order was made. Change in circumstances is something significant that has a major impact on the support you are currently receiving.
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California Divorce Guide on Temporary Spousal Support
I need spousal support. What is temporary spousal support?
You receive California temporary spousal support during the divorce process. The support is awarded so that you can live in the manner you were accustomed to during the marriage. California temporary spousal support can be awarded to a husband or a wife. The support continues pending disposition of their divorce. A California temporary spousal support order is an attempt by a California court, pending trial, to allocate family income equitably between parties. It considers their individual incomes and expenses. The amount awarded as California temporary spousal support is to maintain the status quo of the parties until trial. California temporary spousal support can be determined using a computer-based program.
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California Temporary Spousal Support
California Divorce Guide on Permanent Spousal Support
I need spousal support. How long can I get spousal support? What is permanent spousal support?
You can received permanent spousal support once your divorce is finalized. Permanent spousal support is also known as long term spousal support. The amount you may receive is determined by the financial circumstances of the parties after divorce and the division of property. In determining permanent spousal support, a court must consider certain factors as set out in California Family Code § 4320. A judge cannot use a computer-based temporary spousal support guideline figure. A judge may use a temporary support guideline figure only as reference point. However, the judge must consider all the factors found in the California Family Code. Use the California Divorce Guide to get more information on spousal support.
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California Divorce Guide on Dividing Marital Assets
We have a house. We have cars. We have debts. We bought a home before marriage. I have an inheritance. What is community property? What will my spouse get?
The property you acquire during your marriage are marital assets. The fact that you may hold title to property does not affect the fact that it is a marital asset. Examples of marital assets may include, homes, cash, stocks, bonds, cars, pensions, and insurance. In California, any property you acquire during marriage is a marital asset and presumed to be community property. Also, any property you may acquire using a community property source is also presumed to be community property. Both you and your spouse have equal rights to the control and management of community property. You cannot give or sell community property without the consent of your spouse. You cannot dispose of nor transfer community property without your spouse’s consent. You and your spouse must jointly consent and participate in any leasing, sale, or encumbrance of community real property.
California Divorce Guide on Death of a Spouse
My spouse died. Who gets the property?
Any community property you have will automatically pass to your spouse upon your death. If you are in a divorce proceeding and should pass-away without a will or trust, your spouse will take all community property.
The California Divorce Guide links to other pages in our website for articles that deal extensively with marital assets and community property.
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California Financial Disclosure Service
