When you are involved in a California divorce, there can be a lot of unknowns. However, learning more about what to expect can help minimize stress and make the process less intimidating. If you have questions about California divorce, you are not alone. Here are some FAQs about California divorce:
Can I Expedite My California Divorce?
When many people begin their California divorce, they want to get their case over with as soon as possible. Not surprisingly, one question that comes up often for people in this situation is: Is there anything I can do to speed up the process?
By law, California divorce will take at least six months to become single. However, depending on the facts and parties, the case could take longer. Those wanting to expedite their California divorce will still have a six-month waiting period to become single. However, by working with an experienced California divorce attorney, it may be possible to manage the case more efficiently. The Divorce paperwork can be completed and filed with the Court prior to the 6 month waiting period.
How Long do You Have to Live in California to Get a Divorce?
To file for a California divorce, either party must have lived in California for the past six months and in their current California county for the past three months. They can file for a legal separation as soon as one party moves to California.
What is a Default Divorce?
A default divorce is a divorce that is granted based on one party’s pleadings because the other party failed to respond. When a divorce is filed, the filing party is required to serve their spouse. The receiving party will then have a certain number of days to respond and file their own pleadings. If the party fails to respond, the other spouse can ask the court to grant the divorce without their participation.
Does it Matter Who is at Fault in a California Divorce?
California is a no-fault jurisdiction meaning that the court does not have to decide who is to blame to grant a divorce. All the parties can plead is that there are “Irreconcilable differences, which have caused the irremediable breakdown of the marriage” or that a spouse lacks “permanent legal incapacity to make decisions.”
Do Parents Automatically Get Joint Custody
Generally, California law supports parents sharing decision-making and time with their kids. If you and your ex are safe parents, the court will probably award you joint legal and physical custody. By contrast, if a parent is unsuitable or unsafe, the court may grant the other parent primary custody. There may also be circumstances when a parent will have limited visitation because of where they reside.
Can I Get Alimony During My California Divorce?
When a couple is going through a divorce, one or both parties may wonder if they can get alimony or spousal maintenance from the other. Spousal support is not guaranteed. Either party can ask for temporary or permanent support. California judges look at several factors before awarding spousal support to either party, including the length of the marriage and the standard of living the couple enjoyed during their marriage.
Do I Have to Hire an Attorney for My California Divorce
Many people want to know if they have to hire an attorney when contemplating divorce. While you technically do not have to hire a California divorce attorney, it’s likely to be in your best interest to have counsel. California divorce law is complex and involves numerous statutes, rules, and procedures. Moreover, it’s essential to have the advice and guidance of an experienced California divorce lawyer when navigating the process and negotiations.
Contact an Experienced California Divorce Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can help you during all phases of your divorce or custody matter. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.