Divorce involves both legal and emotional processes. The Goldberg Legal Group advises that you emotionally prepare for a roller coaster ride of feelings that can change daily.
Check Your Divorce Eligibility
Before you consider the divorce process in California, you should check if you are eligible for divorce. This means meeting the state’s residency requirement. At least one of you must have been a legal resident in the state for six months for the divorce process to be eligible.
Filing the Divorce Petition
If you are eligible for divorce, you need to file the petition of dissolutionor divorce petitionwith your county’s court clerk. This is where parties disclose some information about themselves for identification. It will include information such as assets; honesty is critical as any hidden assets might be rewarded to the other spouse after the divorce.
The person filing for divorce is known as the petitioner under California law. The other spouse is called the respondent. It doesn’t matter who files the divorce petition first, as California is a no-fault divorce state. However, you can file a restraining order if you are a domestic violence survivor.
Informing Your Spouse
After filing the divorce petition, the date you signed it is considered your divorce date. You have to give your spouse a formal notice that the divorce has been started and give them copies of your signed divorce papers.
You can send the notice to your spouse through the mail if you are on good terms. They will need to sign it and return the document and acknowledge that they have been informed of the divorce proceedings. If you aren’t on good terms, only a professional process server or a person who is not a party to the divorce case can serve your spouse.
Waiting For Their Legal Response
Once you have sent the documents to your spouse, they have 30 days to complete the files and forms and then return them to you. If they fail to respond, the court can issue a default judgment against them. If that is the case, the spouse won’t be able to have preferences on family law matters, such as child and spousal support, child custody, and the distribution of community property.
Negotiation and Reaching a Deal
If the spouse has responded to your request, the two of you can discuss family law matters such as child custody, child and spousal support, and how community property is distributed. In this stage, you might pursue the legal issues on your own, with a divorce lawyer, through divorce mediation, or you can seek a collaborative divorce.
In a collaborative divorce, you can hire a divorce attorney and mental health professional to help you in your divorce process. They will act as your advocates and divorce coaches.
If you and your spouse reach an agreement without going to court, you have an uncontested divorce. If you end up in court, it is called a contested divorce. Both options have their pros and cons, but it is best to consult with your divorce attorneys to have a better understanding of the risks and benefits.
The Final Judgment
Once your divorce settlement has been negotiated, the judge will review your divorce plan. You will receive the final divorce judgment if all the paperwork is in order and the settlement doesn’t appear coercive.
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