Although you may need an attorney for your California Divorce, there are many times you can avoid hiring a lawyer and there are steps you can take to save on the cost of your divorce.
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Inexpensive California Divorce
An inexpensive California divorce can be done if you and your spouse have reached as agreement. This agreement needs to address all issues surrounding your divorce. The issues can be: child custody, child support, spousal support, and division of community property. You can then get a relatively inexpensive California divorce by merely filing the appropriate forms. If you cannot reach an agreement, your divorce will proceed as a contested action.
If you and your spouse have children, you will need a custody agreement. This agreement will address who will be the primary parent and a parenting schedule. Parenting schedules are the times you each will be spending with your child. An inexpensive California Divorce can become very expensive should you and the other parent begin arguing about custody.
Child support is mainly dependent on child custody. In other words, one of the three major factors in establishing child support is the amount of time you spend with your child. The other two factors is your income and the other parent’s income. An inexpensive California divorce is generally not affected by child support because parents are required to pay child support.
Spousal support comes in two forms, temporary spousal support and permanent spousal support. Temporary spousal support is relatively simple to determine once both spouses have disclosed their finances. Permanent spousal support depends on a number of factors, one of them being the length of the marriage. Your inexpensive California divorce will become expensive should you have a long term marriage and cannot agree on spousal support.
During the marriage you and your spousal create community property. This community property is created from the marital assets that you and your spouse acquire during the marriage. This issue covers a wide range of subjects to include: income, real estate, pension plans, retirement accounts, family businesses, and personal property such as cars, boats, furniture, coin collections, and artwork, just to name a few.
California Default Divorce
A default divorce begins when one spouse files documents with the court. The court where you will file depends on where you live. You must have been a resident of the State of California for at least 6 months and a resident of the “filing county” for the previous 3 months.
You have to serve the other spouse with the documents you file. After 30 days, if the other spouse does not respond, you can continue with your divorce by filing additional documents. If there are no issues to be address, the court will grant you a divorce. In California, all divorces are finalized no sooner than 6 months and 1 day from the date of service.
If you and your spouse have issues that the court will need to addressed, you can enter into a Marital Settlement Agreement. This document can then be submitted to the Court which will then schedule a short hearing to render a judgment.
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