California operates under a no-fault divorce system, meaning that spouses do not need to prove wrongdoing in order to file for divorce.

Key laws include a six-month mandatory waiting period, community property division (splitting assets acquired during the marriage equally), and residency requirements of six months in the state and three months in the filing county.

In 2021, the national marriage rate was 14.9 per 1,000 people, while the national divorce rate stood at 6.9 per 1,000. These numbers provide us with a clear picture of changes in relationships happening throughout the country.

Divorce Laws in California

California has specific laws that govern the divorce process, including rules on property division, child custody, and spousal support. This overview will cover the key aspects of California’s divorce laws to help you understand what to expect and how to prepare to file for divorce.

Legal Grounds for Divorce

The state follows a no-fault divorce policy, meaning that neither spouse is required to prove wrongdoing, such as adultery or abuse, to file for divorce. The primary legal grounds for divorce in California are irreconcilable differences, meaning that the marriage is broken beyond repair.

No-fault divorce allows either spouse to file for divorce without assigning blame, making the process simpler and less contentious.

California divorce law also includes provisions for incurable insanity. To file on this ground, the filing spouse must provide medical proof that the other spouse has been incurably insane for at least five years.

The complex nature of filing for divorce while citing incurable insanity means that the process can be more lengthy, and as such, these cases are more rare than no-fault.

In cases where spouses may not be ready to file for divorce but still wish to live separately with legal recognition, they may opt for a legal separation. Legal separation allows spouses to live apart and settle issues like property division and child support without dissolving the marriage.

See how guidance from an Orange County divorce lawyer can help dissolve a marriage

California divorce law five-year rule

The five-year rule in California divorce law refers to specific provisions related to spousal support and the duration of the marriage. For marriages that have lasted fewer than five years, courts generally aim to limit spousal support to half the length of the marriage.

For example, if a marriage has lasted four years, spousal support might be set for a two-year duration. The five-year rule can also be used to determine whether a marriage qualifies as a “short-term” marriage, which impacts how property and support decisions are made in California.

Courts are more likely to aim for a clean financial break between the spouses in these shorter marriages.

Residency Requirements

Before you can file for divorce in California, you must meet certain residency requirements:

• At least one spouse must have lived in the state of California for a minimum of six months.
• Additionally, the spouse filing for divorce must have lived in the county where the divorce petition is filed for at least three months.

These residency rules ensure that California courts have jurisdiction over your divorce case. If you do not meet the residency requirement, you may need to wait until you do or consider legal separation in the meantime.

Waiting Period

California has a mandatory six-month waiting period for all divorces. This waiting period begins as soon as the divorce papers are served to the other spouse, or when both spouses file a joint petition.

This six-month period must be completed before a final divorce judgment can be issued. This gives couples time to reconcile if possible and to ensure that both parties have had sufficient time to work through key issues like child custody, property division, and support.

Even if both spouses agree on all matters, the divorce cannot be finalized until the six-month waiting period has passed.

Community Property and Property Division Laws

In California, divorce proceedings follow community property laws, meaning that all assets and debts acquired during the marriage are generally considered jointly owned. This includes property, income, and even debt accumulated by either spouse while married.

With regard to property division, the court aims for a 50/50 split of community property. However, separate property, such as assets owned before the marriage or gifts and inheritances received during the marriage, usually remains with the original owner.

If you’re dealing with complex assets, like businesses or retirement accounts, clearly understanding California’s community property laws is necessary for a fair and just division.

This is where the support of an Irvine divorce lawyer is key to a collaborative divorce

Child Support and Alimony Laws

California’s child support and alimony laws ensure that financial support is provided to the spouse and children after a divorce.

Child Support: Child support is determined using a standardized calculation based on both parents’ incomes, the percentage of time each parent spends with the child, and the child’s needs. The goal is to provide for the child in a manner that reflects their living standard during the marriage.

California courts consider the child’s best interests when setting child support, which can include covering basic needs like food, shelter, education, healthcare costs, and extracurricular activities.

Alimony (Spousal Support): Alimony, or spousal support, can be awarded in different forms, including:

• Temporary alimony: Paid during the divorce process to maintain the lower-earning spouse’s standard of living.
• Rehabilitative alimony: Provided for a specific period to allow the receiving spouse to gain education or job training to become self-supporting.
• Permanent alimony: Typically awarded in long-term marriages, where one spouse may not be able to achieve financial independence.

When determining alimony, the court considers factors such as the length of the marriage, the earning capacity of both spouses, the standard of living during the marriage, and each spouse’s financial needs.

A California divorce attorney can help navigate the alimony process and ensure the amount and duration of support are fair.

Required Fees

Filing for divorce in California comes with many fees that can add up quickly over time. Here are the main expenses you should expect:

• Filing Fees: The initial filing fee for a divorce petition in California typically ranges from $435 to $450, depending on the county. This fee covers the cost of submitting your paperwork to the court.
• Serving Papers: After filing, you must serve your spouse with the divorce papers. You can hire a professional process server or use the local sheriff’s office to handle this, which can cost anywhere from $50 to $100, depending on the method used.
• Additional Costs: Additional expenses may include fees for motions, court hearings, or mediation services, especially if the divorce is contested or if there are disputes over child custody or asset division. If you need legal representation or expert witnesses (such as financial experts or child custody evaluators), these services will also add to the overall costs of the divorce.
• Fee Waivers: California courts may provide a fee waiver for individuals with financial hardships.

Settlement Agreement Requirements

A settlement agreement is a large part of any divorce, especially if both parties want to avoid a trial. This agreement will outline several key areas:

• Asset Division: Both parties must agree on how community property (assets and debts acquired during the marriage) will be divided. This includes everything from real estate and retirement accounts to personal property and debts.
• Child Custody: If children are involved, the settlement agreement must outline the custody arrangement, including physical custody (where the child will live) and legal custody (who will make important decisions regarding the child’s education, healthcare, etc.).
• Child Support: The agreement should specify the amount of child support one parent will pay based on California’s child support guidelines, which consider both parents’ incomes and the amount of time spent with the child.
• Spousal Support (Alimony): If one spouse is entitled to spousal support, the agreement should include the amount and duration of payments. This is based on several factors, such as the length of the marriage and each spouse’s earning capacity.

For a settlement agreement to be legally binding in California, both parties must agree to its terms, sign the document, and submit it to the court for approval.

The court will review the agreement to ensure that it is fair and in accordance with California law, especially when it comes to issues related to children. Once approved, the agreement becomes part of the final divorce judgment.

How to Get a Divorce in California

Here is a step-by-step guide on how to get a divorce in California. These steps outline the general process and help you understand what to expect during your divorce proceedings.

Our experienced lawyers will handle this process for you:

1. File the Petition: We start by filing a Petition for Dissolution of Marriage with the local family court, which includes basic information such as the marriage date, children, and any requested orders. The filing spouse must have lived in California for at least six months and in the county where they file for at least three months to meet residency requirements.
2. Serve Your Spouse: After filing, we will serve your spouse must be served with divorce papers. This can be done through a process server or law enforcement officer to ensure proper legal service. The served spouse has 30 days to respond.
3. Wait for the Response: If your spouse doesn’t respond within 30 days, you may proceed with a default judgment. If they respond, the case will proceed with both parties involved, addressing issues like spousal support, child custody, and property division.
4. Exchange Financial Disclosures: Both parties are required to exchange financial documents, including income, assets, and debts. This helps ensure that the court or both parties make fair decisions on property division, child custody, and support. This step is important in both contested and uncontested divorces.
5. Negotiate a Settlement Agreement: We will work toward an agreement on key issues such as property division, child custody, and spousal support. If both parties agree, a settlement agreement can be submitted to the court, which is particularly useful in uncontested divorces, where both parties agree on the terms without conflict.
6. Attend Mediation or Arbitration: If you cannot reach an agreement, mediation or arbitration can help resolve disputes without going to trial. These alternatives allow both parties to negotiate with the assistance of a neutral third party and avoid the high cost of divorce in California litigation.
7. Court Hearings or Trial: If mediation or arbitration does not resolve the issues, the court will schedule hearings or a trial. Both parties will present their cases, and the judge will make decisions on any unresolved matters, such as spousal support, child custody, or property division.
8. Finalize the Divorce: Once all matters are resolved, either through a settlement or a court decision, the court will issue a Final Judgment of Dissolution of Marriage, officially ending the marriage. California is a no-fault divorce state, meaning either party can file for divorce based on irreconcilable differences.

If you follow these steps with our support, you can better understand the California divorce process and how to proceed with contested or uncontested cases.

Benefits of Hiring a California Divorce Lawyer

Hiring a San Diego divorce lawyer from Moshtael Family Law means that divorce doesn’t have to be a stressful process filled with uncertainty. Having the right legal team can help ensure a smoother path forward.

Our Orange County divorce attorneys have decades of combined experience, exclusively focusing on divorce and family law. Whether you’re just starting the divorce process or dealing with a contentious custody battle, we provide the support and legal expertise you need to protect your interests and achieve the best possible outcome.

Here’s why hiring a divorce lawyer from Moshtael Family Law is beneficial:

• Strategic Guidance: We partner with family therapists, financial planners, forensic accountants, and other professionals to offer comprehensive support throughout your divorce. This helps ensure that all aspects of your case are handled with care and expertise.
• Hands-On Service: Our team is hands-on and fully dedicated to each case. We develop case plans, hold strategic meetings, and prepare you for hearings so you feel confident and informed at every stage.
• Personalized Attention: Divorce is a deeply personal and challenging experience. We understand that every client is different, and we take the time to get to know your specific situation, offering the compassionate care you need during this difficult time.
• Proven Results: While we can’t guarantee specific outcomes, we have a long track record of successfully helping clients reach favorable settlements in divorce and family law cases.
• Dependability: Our clients quickly recognize that we are dependable and committed. You can attend court with peace of mind, knowing that we will be there to fight for your rights and ensure you receive the best possible outcome.

Consult With a Family Law Attorney Today

Working through the divorce process in California can be overwhelming, but you don’t have to go through it alone. Whether you’re dealing with a contested or uncontested divorce, issues of spousal support, child custody, or just need guidance on the grounds for divorce in California, Moshtael Family Law is here to help.

Our experienced team will be with you at every step of the California divorce process, ensuring that your rights are protected and that you achieve the best possible outcome.

If you’re ready to take the next step, contact us today. We’ll work with you to understand your unique circumstances and help you navigate the complexities of divorce or legal separation.

Let us be your trusted partner in resolving your divorce case and protecting your future.