Divorce in California is a no-fault process, which means you don’t have to prove any wrongdoing to end your marriage. The state follows community property laws, dividing most marital assets and debts equally between spouses. The divorce process includes a mandatory waiting period, but you can start resolving issues like custody and property division during that time.
Divorce is a life-changing decision that can bring up a range of emotions, from relief to anxiety. If you're facing divorce in California, you probably have a lot of questions. What do you need to know about the process? What steps should you take? How can you make sure you're making the right decisions for you and your family?
Whether you're already in the middle of a divorce or just starting to consider it, understanding the basics of how divorce works in California can ease some of that stress. Let’s take a closer look at the 8 key things you need to know to navigate a California divorce.
In California, divorce is considered a "no-fault" divorce. This means that you don’t have to prove your spouse did something wrong (like adultery or abuse) in order to get a divorce. Instead, you only need to show that the marriage is "irretrievably broken" or that there are "irreconcilable differences."
This can make the process a bit simpler for both parties since no one has to go through the stress of proving fault or assigning blame. However, just because it’s called “no-fault” doesn’t mean it’s free from emotional complications.
California follows community property laws, which means that most of the property and debts accumulated during the marriage are considered joint property and are divided equally between the spouses during the divorce. This includes things like homes, cars, retirement accounts, and even debts like credit cards or loans.
It's important to note that property acquired before the marriage or after separation typically isn't included in the division. While the 50/50 split sounds straightforward, things can get complicated, especially if assets are hard to value or if one spouse claims an asset is separate property. That’s why it’s crucial to have an experienced attorney who can help protect your interests.
Spousal support (also known as alimony) can be awarded in California, but it’s not a guarantee. The court will consider several factors, including the length of the marriage, the financial needs of both spouses, and each party’s ability to support themselves.
For long-term marriages (over 10 years), courts may award spousal support for an indefinite period, though this support can be modified over time. In short marriages (under 10 years), support is usually temporary, and the goal is for the supported spouse to become self-sufficient.
It’s helpful to know that spousal support is typically based on the standard of living during the marriage and may be affected by things like job prospects, education, or the spouse’s earning ability. If you’re seeking spousal support or worried about having to pay it, working with an attorney can help clarify what you can expect in your specific case.
When children are involved, the court’s primary concern is always the best interest of the children. California courts encourage shared custody, where both parents have meaningful involvement in their children’s lives. However, if that’s not possible, the court will make a custody decision based on what’s best for the child.
Custody decisions can be complex, as the court takes many factors into consideration, including each parent’s relationship with the child, the child’s age and health, and the child’s emotional ties to each parent. Parents are encouraged to try to work out a custody agreement on their own. However, if that’s not possible, the court will make a final decision.
California uses a detailed formula to calculate child support. This is based on both parents' income, the amount of time the children spend with each parent, and other factors like health care needs and special expenses. In most cases, the higher-earning parent pays child support to the lower-earning parent to help maintain a consistent lifestyle for the child.
Even though the legal process for divorce can take time, California law has a mandatory waiting period. After you file your divorce petition, the court requires a six-month waiting period before your divorce can be finalized. This period is designed to give both spouses time to think things over and try to reconcile, if possible.
However, the six-month waiting period doesn’t mean you’re stuck in limbo for that entire time. You can take steps toward resolving issues like custody, property division, and spousal support while waiting for the divorce to be finalized. Keep in mind, though, that this waiting period applies even if both spouses are in agreement about the divorce.
There are several costs associated with getting a divorce in California. The most immediate cost is the filing fee, which typically runs around $435. While this is the basic fee to start the process, there may be additional costs for things like serving papers, court hearings, or hiring expert witnesses for things like property valuation.
Legal fees can also add up, especially if the divorce is contested or involves complex issues like child custody or high-value assets. If you and your spouse can agree on major issues, you may be able to minimize legal fees by negotiating outside of court. However, if your divorce involves disputes, it’s wise to budget for higher costs. In either case, you should always consult with an attorney to discuss your options.
If both spouses are willing to work together, mediation can be a cost-effective and less adversarial alternative to going to court. During mediation, both parties meet with a neutral third party (the mediator), who helps guide the discussion and assists in negotiating a settlement.
Mediation can be particularly useful for resolving issues like child custody and division of property without the need for a lengthy trial. If you're interested in mediation, make sure to work with an attorney who can help you understand the potential benefits and drawbacks of this approach.
If there are allegations of domestic violence, the divorce process can become much more complicated. California courts take domestic violence claims seriously and may issue protective orders, which can impact decisions regarding child custody, visitation, and property division.
If you're experiencing domestic violence or fear for your safety, it’s crucial to inform your attorney right away. Protective orders and the safety of both you and your children will be a top priority in such situations. California law provides resources for individuals in dangerous situations, and an experienced attorney can guide you through these legal protections.
Divorce can be one of the most challenging experiences of your life. Whether you’re looking to make decisions about property division, child custody, or spousal support, it’s essential to understand the process and know your rights. Having the right legal guidance can help you navigate this challenging time with confidence.
Christian Schank & Associates offers experienced and compassionate legal representation for families across California. Our team is here to help guide you through the complexities of divorce and ensure that your best interests are protected every step of the way.
If you’re ready to take the next step, contact us today for a free case evaluation. Let’s work together to find the best solution for you and your family.
