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California Divorce: What You Should Know
We know that proceeding with a divorce is challenging and emotional for you. We've helped people through the divorce process in locations across California, and we're here to make the experience as easy as possible.
Among the things you can count on is our guarantee: Your divorce documents will be accurate and accepted by the court or we will refund your money. We're confident about offering our guarantee because it is an ongoing priority for us to ensure that our documents incorporate the most recent court regulations.If for some reason your court rejects your documents, we'll correct them for re-filing. If they're still not right, you'll get your money back.
Divorce in California
Understanding divorce laws and processes is very important. Our team of experts is staff is available to help you at every step.Here is key information about divorce in California:
Where to File
Be sure that California has jurisdiction for your divorce
If your spouse is not a California resident, then YOU must be able to establish that you have been a resident of the state for six months and the county for three months prior to the date that you file your divorce complaint. This information must be included in the complaint, and proof of residency, such as a driver's license, must be presented and proved at the final hearing.
If you have minor children who have lived with your spouse in another state for more than six months, it may be to your advantage to file in that state, since its courts will have the power to decide what happens to the children. Note: Your spouse has the option to waive that jurisdiction, which must be done properly, in writing.
With the exception of an option for residents living overseas, you must file your divorce in the county in which you presently live, or in the county where your spouse resides, if different. You or your spouse must have a residence within the county (in California) in which you file for your divorce. If you live overseas, you can file in California if you have maintained your residency in California.
Military Divorce
Military personnel on active duty--or their spouses--can file for divorce in California provided they have been stationed in the state for six months or were residents of the state upon entering active duty.
Our staff is highly knowledgeable about special military requirements and the details of Soldiers and Sailors Civil Relief Act.
Grounds For Divorce
NO-FAULT or FAULT ?
The ground constituting a no-fault for divorce in our documents usually is: “IIrreconcilable differences, which have caused the irremediable breakdown of the marriage.” This is the most common ground that our clients use because there is no requirement for proof at the final hearing.
Another ground is available but is rarely used: Incurable insanity.
Waiting Periods
Waiting Periods refer to the time that a court requires to pass from the time the divorce is filed and the time that your divorce decree becomes final.
Divorce law in California requires that 180 days pass from the filing of Complaint and summons or Appearance, Stipulation and Waivers (FL-130), before a final judgment of divorce be entered.
About child custody, visitation, property and support
Here is information pertaining to child custody, property, and support issues.It can help you determine the appropriate way to have your divorce documents prepared.
Child Custody
CHILD CUSTODY:
Legal Custody: There are two types: Joint Legal Custody or Sole Legal Custody. These govern decisions made regarding how the child(ren) will be raised.
In Joint Custody, the parents decide together about regarding the child(ren)'s upbringing.
With Sole Custody, one parent makes the decisions about raising the child(ren).
Physical Custody: This determines the child(ren)'s primary residence after the divorce is final. They will live with the primary residential parent. The other parent may have visitation rights depending on the visitation schedule provided in your divorce documents.
Visitation is the same irrespective of a grant of joint custody or sole custody.
VISITATION:
This can be any schedule and details that you agree upon with your spouse, and can be changed. If you and your spouse cannot reach agreement then the state's guidelines take effect. These are outlined in the Marital Separation Agreement (MSA) provided with your divorce documents. You don't have to include your present visitation agreement. “No Visitation” or “Restricted Visitation” may be requested by supplying the reason when you fill out our questionnaire.
Child Support
There are two methods for determining support for the children involved in a divorce:.
1. You can agree with your spouse on an amount for child support. We'll prepare your divorce documents with the child support amount ordered this amount. Provided the amount is reasonable, a court usually will order it as part of you overall agreement. It is rare for a court to change an amount for child support when you both agree.
2. You can ask the court to award child support in conformance with California's child support guidelines. The support will be either an amount you and your spouse agree upon, or determined for you by the court. If you want the court to calculate the amount of child support for you, you must file the standardized Child Support Guidelines form and Child Support Income Statement/Affidavit. We provide these among the documents that we send you.
Property & Debts
When you divorce, the personal property (vehicles, retirement accounts, furniture, businesses, etc.) owned by you and your spouse is divided. Most states are community property states, although it is referred to by different names in some states. Essentially, the property of the marriage is split equally.
Debts are handled in much the same way. Most often, spouses are able to agree on how to split their assets and debts. In an uncontested divorce, this division is accomplished using a Marital Separation Agreement (MSA). When you and your spouse agree to the property and debt division, and formalize it in the Marital Separation Agreement, it becomes incorporated by reference into the Decree of Divorce that ends your marriage. You and your spouse can divide your property however you like, provided a basic fairness is maintained. You are not required to list all the property and debts that you are dividing, as long as you agree. Some items, such as vehicles and homes, typically do get listed.
If you want to alter how you and your spouse split your property and/or debts after we have prepared your documents, just email us or contact us by phone. We'll revise your documents for you without additional charge for up to one year.
If you and your spouse cannot agree on how your property is to be divided, the marriage dissolution becomes a contested divorce instead. If at your final hearing your divorce is still contested we don't provide advice. You might have to consult an attorney or be prepared to explain to a judge why you feel your requested division of property is fair.
Real Property
If there is a home--or more than one--that you own with your spouse, you must decide how to split this property. Here are some of the options you can consider to divide your real property:
1. SELL THE HOME(S): You split the net proceeds equally, or however you agree is fair. Some spouses decide to defer selling until a child is out of school or until the property increases in value. You can include in your divorce documents whatever you decide about this.
2. AWARD THE PROPERTY TO ONE PARTY: Usually, that party will be required to make the future payments on the property. In these cases, a quitclaim deed is usually signed. This document removes one party from the property's deed, thus making the person who is awarded the home its sole owner. Issues such as refinancing can be provided for in your divorce documents.
Spousal Support
Spousal Support is either agreed upon by the parties or determined by the judge in a contested hearing. See Code of California - Title 30 - Chapters: 2-51, 2-52, and 2-55. We cannot give legal advice regarding spousal support but will include your request for support in the documents.
There isn't a standard calculation for spousal support. If you and your spouse cannot agree on an amount for spousal support, the amount will be determined by the Judge based on many factors, including some of the following:
1. Length of marriage
2. Standard of living prior to divorce.
3. Ability for both parties to get employment.
4. Retraining in the workforce
5. Disabilities and other factors.
California Court Locations:
Here is information about some of the courts in California. If your County isn't listed, we'll include the court information when we send your documents.
San Diego County: 1555 6th Avenue, San Diego, CA. 92101 (619) 450-7888, South County: 500 3rd Avenue, Chula Vista CA 91910, <
Kern County: Metropolitan Division, Justice Building 1215 Truxtun Avenue, First Floor Bakersfield, CA 93301 Tel: (661) 868-5393
San Francisco County: 400 McAllister Street - Fourth Floor San Francisco, CA 94102-4514 (415) 551-3903, (415) 551-3913 or (415) 551-3900 General Information
Sacramento County: William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road Sacramento, CA 95826 (916) 875-3400
Riverside County Superior Court, Riverside Hall of Justice: 4100 Main Street, Riverside, CA 92501 Phone: 951-955.4600
Fresno County Superior Court: 1100 Van Ness Avenue, Fresno, CA 93724-0002 Phone: 559-488-2708
Stanislaus County Superior Court, Modesto: 800 11th Street, Modesto, CA 95354 Phone: (209) 558-6000
Santa Cruz County Superior Court, Main Courthouse: 701 Ocean Street, Santa Cruz, CA 95060 Phone: 831-454-2020
Santa Clara County Superior Court, Family Court: 170 Park Center Plaza, San Jose CA 95113 Phone: (408) 534-5600
San Mateo County Superior Court, Northern Branch: 1050 Mission Road, South San Francisco, CA 94080 Phone: (650) 877-5705
San Mateo County Superior Court, Southern Branch: Hall of Justice and Records: 400 County Center, Redwood City, California, 94063 Phone: (650) 363-4711
California Divorce Filing Fees.
The court filing fees for a divorce in California is approximately $350.
f your spouse won't sign and must be served, then the sheriff may charge a fee of approximately $25 to serve your spouse
Note: If the whereabouts of your spouse is unknown, then a publication fee will apply. The publication fee is approximately $65.
There are no additional fees for an uncontested divorce.
You may call the Clerk of the Court in your county to determine the exact fees in your county.
Methods of serving your spouse:
1. Your spouse Signs: The most common way is to have your spouse sign the documents AFTER you have filed the divorce complaint with the court. You can deliver the documents by hand, send them via postal mail, or have a third party deliver them to your spouse. This method is available even if your spouse is incarcerated.
2. Personal Service: If your spouse will not sign or you are not sure if your spouse will sign then you can have him or her served with the documents by the sheriff in your spouse’s county. You can contact the sheriff in any county of any state to perform this service. You can also achieve service via Certified Mail, (make sure to include "Return Receipt Requested") if your spouse lives outside your state. If your spouse is incarcerated then you can have him or her served by the prison/jail officials.
3. Service by publication. If you can't locate your spouse then you can publish. The publication fee for a newspaper averages about $65 but this varies significantly. You file an Affidavit with the county clerk, who then directs that service of notice be made by publication in a newspaper of general circulation in the county in which the complaint is filed. We give you all the documents you need for service by publication.
We respect and protect your privacy:
SECURITY: The information you submit is transmitted using 128-bit encryption.
PRIVACY: We never sell or share your personal information.
NO SPAM: We email you only on matters affecting your relationship with us.
It's 1-2-3 Easy:
Register online. To start, just choose the state in which you'll file your paperwork. If you're in the military, you can use your home state of record if you prefer.
Fill in our questionnaire. It's okay if you don't know all the information about your spouse. Just enter the information you know, or can get.
Review your documents and file with the court. Your paperwork will be sent to you ready to sign and file.
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Our experience really pays off for you. You don't have to go through the process alone because we stay with you the whole way.
You save money
You can save up to $3,000 or even more compared to what a lawyer charges to do a an uncontested divorce. We prepare your documents right the first time.
100% guarantee and great service
We eliminate your risk by including 100% money-back guarantee for our work. We start working on your divorce paperwork the same day you submit our questionnaire, and we're available to answer whatever you may have. Our goal is to put you at ease.
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In most cases, you can be ready to file you paperwork in 48 hours—sometime even less. We keep the process simple, and we're here to help until your divorce is final.
