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.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that practices family law and represents clients in Sacramento, California and clients in Northern California with services they need and deserve when addressing divorce. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Call now 916-443-1267 for your free consultation.
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Inexpensive California Divorce
An inexpensive California divorce can be undertaken if you and your spouse have reached as agreement on any or all issues surrounding your divorce. They are; child custody, child support, spousal support, and dividing all 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 to come to an agreement as to which one will be the primary parent and the parenting schedule that each one of you would like to have; the time you intend to spend 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 the child spends with each parent. 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 from the marital assets that you either bring to the marriage or acquire during the marriage. This issue covers a wide range of subjects, including real estate, pension plans, retirement accounts, stock investments, family businesses, and personal property such as cars, boats, furniture, coin collections, and artwork, just to name a few.
The 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 (Sacramento County Family Law Courthouse, Placer County Courthouse, El Dorado County Courthouse). 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 and, 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 within 6 months and 1 day from the date of service.
If you and your spouse have issues that the court will need to be addressed, the two of you can enter into a California Marital Settlement Agreement prepared by one of our Sacramento Divorce Attorneys which would address these issues to the court’s satisfaction. This document can then be submitted to the Court which will then schedule a short hearing to render a judgment.
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