If you and your spouse can agree to an amicable settlement before or during the divorce procedure, you can avoid many of the costly aspects of a divorce. It may take some negotiation, patience, and sacrifice, but, ultimately, it is in the best interests of you, your spouse and any children if you can avoid a long and contentious legal battle.
The state of California encourages couples who are considering a divorce to attempt to reconcile or produce a divorce agreement with the help of a mediator. Mediators are independent, neutral professionals with experience resolving personal issues. Although they do not have the legal authority to force a couple to come to an agreement, they are usually quite skillful at providing useful information and solutions. Mediation is typically a less expensive alternative to a divorce trial.
In cases where spouses cannot agree on major issues, the judge will set a trial date. This trial may last a single morning or several days. In almost every contested divorce or uncontested ones the major points of contention revolve around issues of property division, child custody or spousal support.
If you and your spouse cannot come to an agreement about these issues, you should know how California law governs them.
Under California law, all community property—which is property pooled by both spouses during the marriage—must be divided equally. Separate property which belongs wholly to one spouse may have been acquired in the following ways:. Once all of the community property and debts are identified, they must be assigned a monetary value. This may be performed by an appraiser. Division of property may take several forms.
Some assets can be divided equally, like cash or multiple goods. Indivisible assets may be assigned to one spouse by the judge while another asset of commensurate value is assigned to the other spouse.
In some cases, a judge may award a share of the property to one party while providing the asset to the other; this essentially makes both spouses co-owners. Debts are also assigned in a similar manner to each spouse. While the judge may assign a debt to one spouse, this may not relieve the other spouse of repayment obligations in the eyes of the creditor.
That is why it is often recommended, that any marital debts be repaid during a divorce. As in most states, California determines child custody based on the best interests of the child. The judge must abide by certain laws including. California courts prefer to award joint custody where both parents share time residing with the child. Both parents will influence major decisions regarding health, welfare and education in joint custody. Alimony may be in the form of temporary, permanent or both.
Temporary alimony is payments made during the divorce procedure, while permanent continues following the divorce. The length of permanent alimony is usually dependent upon the length of the marriage. In most cases, payments are required for only about half the time the couple was married. If a trial is necessary, then you and your spouse must attend the trial. Following these courtroom proceedings, the judge will issue a Final Judgment.
If the divorce is uncontested, you must attend a hearing with the County Clerk. You must bring these documents to the hearing. In addition, domestic partners may not have the same rights if they leave California because other states may not recognize domestic partnerships.
Talk to a lawyer if you are ending a domestic partnership and any of these issues may apply to you. You may also want to talk to an accountant who is knowledgeable about these issues. Click for help finding a lawyer. The family law facilitator or self-help center in your court may be able to help you with the divorce or legal separation process and help you understand what your options are, decide what you want to do, and get started with your paperwork.
You can also talk to a lawyer to get legal advice. If you are worried about how a divorce or legal separation will affect your immigration status, talk to an immigration lawyer or a family law lawyer with a lot of experience with immigration issues.
Immigration law can be very complicated, especially as it relates to divorce. If there is domestic violence in your relationship, make sure you are safe and protected while you go through this court process. Read the domestic violence section of this website for more information. The divorce or legal separation court process can get very complicated, especially if you want to include support orders, child custody orders, and orders dividing your property.
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