How to Divorce


Step One:

Determine if you qualify for a summary divorce.

Step Two:

If you do not qualify for a summary divorce but agree with your spouse on all issues, follow the steps for an uncontested divorce.

Step Three:

If you are unable to come to an agreement, contact an attorney.

Links

Bankruptcy-Law-Online

Living Wills & Trusts Guide

Divorce in Texas

Divorce in Florida

Laws


California Divorce Law – Quick Summary

Residency Requirements: In order to file for a dissolution of marriage in California, residency requirements must be met for the court to accept the case.  Without meeting these requirements, the court cannot hear your case and end your marriage.

  1. You or your spouse has been a resident of this state for six months; and
  2. You or your spouse has been a resident of the county in which the proceeding is filed for three months before the filing of the Petition.

Grounds for Dissolution: The Petition for Dissolution of Marriage (FL-100 or FL-103) must state an appropriate reason for the divorce.

Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally:
  1. Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
  2. Incurable insanity.

Divorce Forms: Filing a Petition for Dissolution FL-100 begins the divorce.  Other documents must also be filed in order to comply with California law.  Many forms are strictly procedural while others notify the court or your spouse of important information about your children and finances.

Property Division: Property acquired by a couple during their marriage or earned by either spouse during their marriage is usually considered marital property. Other property such as gifts or inheritances to either spouse along with pre-marital assets are the separate property of that spouse unless it is somehow converted into marital property.  Marital property is divided by the court 50/50 unless the spouses agree to the contrary.

Houses, Cars and Property Held with Title: Property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property. The title of the asset states which form the asset is held. The presumption of community property can be rebutted by either of the following: (a) A clear statement in the deed or other documentary evidence of title by which the property is acquired that the property is separate property and not community property. (b) Proof that the parties have made a written agreement that the property is separate property.

  • For example, H & W purchase a house in marriage with title held as “community property” – the asset is presumed community property and will be divided to both H & W by the court.


Child & Spousal Support: The court has authority to grant support and bases its decision on the finances available to the spouses and their ability earn a living.  Generally, in awarding child support courts try to equalize the households ensuring that children have a stable standard of living.

Child Custody: Absent an agreement to the contrary, courts will consider the best interests of the child when deciding how to divide custody of marital children.