Can I get divorced in California?
- California has a residency requirement to file for divorce. You may file if at least one spouse has lived in California for the last six months and in the county where you plan to file for the last three months. The court must also have “personal jurisdiction” over your spouse.
Where can I find a free consultation with a lawyer?
- Lawyers typically charge at least a reduced hourly fee for consultation which can still cost several hundred dollars. Most counties have programs that offer limited legal services in divorce which may be useful. For affordable answers to general questions you may ask a lawyer online through “Just-Answer” for around $20-50. Click the link below:
How much does a divorce cost?
- The average divorce in the US is $15,000. How much your divorce costs depends on the route you take when getting a divorce. Costs can be reduced through mediation, collaborative divorce, and do it yourself services. Divorce attorneys hourly rate is typically $150-400 depending on their qualifications and experience.
How long does it take to get a divorce in California?
- Minimum of 6 months.
What is the difference between a divorce, annulment and legal separation?
- A divorce ends your marriage, while an annulment treats the marriage as though it never existed. A legal separation does not end your marriage but affects certain property rights.
How do I start a divorce?
- You must fill out and file certain forms which tend to be confusing. The hassle and potentially disastrous mistakes of a “do it yourself” divorce can be partially avoided by purchasing “completed” divorce forms for a reasonable fee. Follow the link below to Legal Zoom:
What is a summary dissolution?
- A simplified divorce procedure available in certain circumstances.
What is an uncontested divorce procedure?
- An uncontested divorce occurs when parties agree by way of settlement where the respondent may or may not file a response.
My spouse cheated on me. Will the courts consider this when dividing our assets?
- No, California is a “no fault divorce” state which means that evidence of misbehavior is not relevant to property division. As unfair as this seems to the wronged spouse, that is the law in California.
Who gets alimony (spousal support)?
- The lesser earning spouse may be entitled to spousal support, depending on his/her earning capacity, length of the marriage, and other factors.
How do I get custody of my children?
- To have the court determine custody, you may file paperwork in your dissolution.
Will I have to pay child support and if so, how much?
- Laws governing child support follow a mathematical formula referred to as the “child support calculator.” However parties may agree on amounts with court approval.
How do I modify my child support?
- In an Order to Show Cause, demonstrate to the court that a change in circumstances warrants a modification.
How is property divided?
- Assets and debts acquired during marriage (with a few exceptions) may be divided 50/50 by the court. Due to the complexity of certain areas of the law, it is best to consult an attorney for advice on real property acquired before marriage, pensions, and stock options.
My partner and I have been living together for years in California. Are we common law married?
- No, common law marriage does not exist in CA. If you and your partner intended a marriage without meeting the formal requirements, consult an attorney.
Can I hire a divorce lawyer on a contingency of my property settlement?
- No, this is prohibited by law.