If your spouse files a response which disputes various aspects of the Petition, then the court will likely have to step in and make decisions regarding contested issues. If you and your spouse cannot come to on an agreement about the major issues in a divorce—property distribution, child custody or spousal support—you will likely need to hire an attorney to represent you in this complex divorce proceeding.
There are a few different ways you can file for divoce in California and some are less frictionless than others:. If you and your spouse can agree to an amicable settlement before or during the divorce procedure, you can avoid many of the costly aspects of a divorce.
It may take some negotiation, patience, and sacrifice, but, ultimately, it is in the best interests of you, your spouse and any children if you can avoid a long and contentious legal battle. The state of California encourages couples who are considering a divorce to attempt to reconcile or produce a divorce agreement with the help of a mediator.
Mediators are independent, neutral professionals with experience resolving personal issues. Although they do not have the legal authority to force a couple to come to an agreement, they are usually quite skillful at providing useful information and solutions. Mediation is typically a less expensive alternative to a divorce trial. In cases where spouses cannot agree on major issues, the judge will set a trial date. This trial may last a single morning or several days.
In almost every contested divorce or uncontested ones the major points of contention revolve around issues of property division, child custody or spousal support. If you and your spouse cannot come to an agreement about these issues, you should know how California law governs them. Under California law, all community property—which is property pooled by both spouses during the marriage—must be divided equally. Separate property which belongs wholly to one spouse may have been acquired in the following ways:.
Once all of the community property and debts are identified, they must be assigned a monetary value. This may be performed by an appraiser. Division of property may take several forms. Some assets can be divided equally, like cash or multiple goods. Indivisible assets may be assigned to one spouse by the judge while another asset of commensurate value is assigned to the other spouse.
In some cases, a judge may award a share of the property to one party while providing the asset to the other; this essentially makes both spouses co-owners. Debts are also assigned in a similar manner to each spouse. While the judge may assign a debt to one spouse, this may not relieve the other spouse of repayment obligations in the eyes of the creditor.
That is why it is often recommended, that any marital debts be repaid during a divorce. Family Law Facilitator's Office , which assists parties who have questions about child support, spousal support, health insurance, and the availability of community resources to help families. Family Court Services , which provides child custody recommending counseling and helps parents resolve child-focused disputes once parents are living apart. Disclaimer: The Marin County Superior Court has made every effort to provide accurate information at this website; however, inaccuracies and outdated information may be found here on occasion.
External sites are responsible for their own content; the Marin County Superior Court accepts no responsibility for information found at other sites to which we are linked. In that event, this court may be prevented from making important orders in your case.
You should seek legal advice about how to proceed if the other spouse lives outside California and is likely to object to having the case handled here. Remember that merely filing your petition and having it served does not automatically result in a judgment. There are other steps you must take before this can happen. The minimum length of time it takes to acquire a final Judgment of Dissolution in order to be free to marry once again is six months and one day from the date the Respondent is served with the Summons and Petition, or, six months and a day from the date the Respondent files a Response or Notice of General Appearance with the court, whichever comes first.
If the six-month period passes before you are able to acquire your judgment, then the effective date of your change in status from married to single is the date of entry of the judgment. The effective date for legal separation or nullity is the day the judgment is entered, that is, the day the judge signs the judgment. Be aware that a formal judgment signed by a judge must be entered before it is final. Any minute order from a hearing or a trial or a signed agreement without a judge's signature does not terminate the action.
There are three types of marriage actions which include Dissolution of Marriage or Domestic Partnership, Legal Separation, and Nullity. The forms used to start a case are included in the following packets:. If you have been married for less than five years and have no children together, born or adopted, before or during marriage, you may file a Joint Petition for Summary Dissolution of Marriage if you meet the property limitations.
For more information, you may go to the California Courts' Self-Help Center - external link for additional information and forms. One Day Divorce: Check out this unique program to learn how you may be able to finish your divorce in just one day.
If you were served with a Dissolution, Legal Separation, or Nullity Petition, you must file a Response within 30 days or risk the other party taking your default. If the other party takes your default, you may not be allowed to file documents or attend hearings in your case.
If you would like to amend your Petition or Response in your case, you are allowed to amend one time without permission from the court. For example, if you originally asked for a Legal Separation, but now you would like to change your request to a Dissolution, you will need to amend your forms. You will need to complete and serve all of the same forms you originally filed, indicating that the new filing is amended. You will not need to pay a new filing fee for the first amended Petition or Response.
If you want to end a domestic partnership registered in California, either through a divorce or a legal separation, neither you nor your partner needs to live in California. Read the California residency requirements in the Basics section for more detail about whether you can file for divorce or legal separation in California.
The divorce or legal separation court process can get very complicated, especially if you want to include support orders, child custody orders, and orders dividing your property.
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