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 California family law and California divorce law. We represent clients in Sacramento, California and in Northern California with services they need and deserve when addressing California divorce, child custody, spousal support, child support and community property. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Call now 916-443-1267 for your free consultation.
Warning! There are many online sites that claim you can obtain an inexpensive divorce merely by “filing papers.” The problem with this is that often, the filings are incorrect or lack necessary information. It is less expensive to have an attorney start and finish you case rather then hiring an attorney to correct an incorrect filing. Your seemingly inexpensive divorce will become more expensive should your attorney have to refile to correct incorrect filings.
In California, a divorce can cover one or more of the following issues:
- Dissolution of Marriage
- Child Custody
- Child Support
- Spousal Support
- Community Property
If you and your spouse have reached as agreement on any or all of the above-listed issues, then you can get a relatively inexpensive divorce in California 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.
Child support is mainly dependent on child custody. In other words, one of the two major factors in establishing child support is the amount of time the child spends with each parent. The second major factor is the income that you and your spouse are earning.
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.
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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