California Divorce Laws: What You Need to Know Before Filing

It goes without saying that divorce is always difficult in some form or fashion. With that said, understanding the legal side of things is effective in making the process a little less challenging. This is why it’s important to weigh out your options and learn about what California divorce laws mean for you and your situation. Gaining a grasp of the basics of California’s divorce process can help you make thoughtful, well-informed decisions.

California’s Divorce Process

The state of California classifies itself as a no-fault state, which means no proof is required when filing for divorce. You don’t need to prove wrongdoing or anything similar. Simply, all that needs to be claimed is the presence of irreconcilable differences is all that is needed. After that, the divorce process can look like the following steps:

• Filing. One party completes and submits the paperwork with the court, initiating the case.
• Serving. Once the paperwork is confirmed, the other party is then officially notified.
• Response. Once notified, the receiving party has up to one month to file a response.
• Disclosure. This is where both parties are required to provide sensitive information, such as finances, for example.
• Negotiation Period. Oftentimes, cases can be settled through agreements outside of the courtroom.
• Closing. This is where the court presents the final decree of divorce.

Each step has its own set of timelines and details, which is why hiring a divorce attorney can limit costly mistakes and avoid delays.

The Division of Assets and Property

Of the many, one of the most well-known details of California divorce laws is the idea of community property. Generally speaking, debts and assets accumulated during a marriage must be divided equally between divorcing spouses. This mandates a 50/50 split, unless a valid prenuptial agreement of some kind is applicable. Then, assets possessed before a marriage are separate property, which can include gifts or inheritances.

For the most part, in California divorce cases, community property splits are usually straightforward, regardless of the involvement of businesses, accounts, or properties.

Supports During California Divorce Cases

Support is another standout element of California divorce laws. The types of available support include:

• Support for spouses. Also known as alimony, spousal support is calculated based on factors like the marriage’s length, each party’s earning potential, and the standard of living.
• Child support. This support focuses on children’s best interests, considering income, custody length, and overall needs in the decision.

Regardless of the kind of support, lasting financial impacts can be felt. This is why putting a talented divorce attorney on your case is pivotal.

Hire a Divorce Lawyer

At The Law Offices of Ronda A. Middleton, we practice a client-first mindset. Making the decision to bring us your concerns is not something we take lightly, and we work tirelessly to construct strategies that can work for you. We utilize our fine-tuned skills and strong sense of compassion to address a variety of family law cases, no matter how straightforward or challenging.

Combining excellent legal skills with devout compassion, The Law Offices of Ronda A. Middleton has years of experience assisting clients across a vast variety of family law cases in Buena Park and California as a whole. In Orange County, cases are typically conducted in the Superior Court of Orange County, located at 751 West Santa Ana Blvd, Santa Ana, CA 9270. Our team can assist in:

• Providing guidance on community property regulations
• Helping with negotiations for spousal or child support
• Representing you in court
• Protecting you from unfair treatment

Our firm believes an attorney’s role is to protect your parental and financial rights while walking you through the divorce process as efficiently as possible. With nearly 6 out of 1,000 women filing for divorce, reaching out to our firm may be your next move.

FAQs

Is Everything Split 50/50 in a Divorce in California?

Although the state of California is one that recognizes community property, there can be exceptions when it comes to the division of assets and property that is not split 50/50. When you add in separate property, things can get difficult. The presence of prenuptial agreements can make things differ as well. Regardless, it’s smart to have a divorce attorney in your corner for proper guidance.

What Is a Spouse Entitled to in a Divorce in California?

In California, what a spouse is entitled to in a divorce can vary depending on the case’s specifics. They may be entitled to an equal share of community property, monetary support, or custody and visitation rights if there are kids involved. Entitlements can also differ depending on the length of a marriage, the financial contributions from both parties, and the overall needs of the family.

What Is the 10-year Divorce Rule in California?

The 10-year divorce rule in California is an informal way of referencing the state’s view on long-term marriages. According to the state, if a marriage lasts a decade or longer, courts often indefinitely hold spousal support, continuing support often without a fixed time or amount. Still, this does not guarantee a lifelong alimony. The courts must consider each party’s capacity for work as well as their financial needs.

Why Is Moving Out the Biggest Mistake in a Divorce?

Leaving your marital home too quickly can affect your position in disputes over property or custody. For instance, leaving the house can grant the other party more in-depth, day-to-day oversight of the involved children and their lives. On the financial side, it can impact the arrangements of payments for rent or a mortgage. With each case being distinctly unique, a divorce attorney can clearly explain all the process’s moving parts.

California Family Law Attorney

At The Law Offices of Ronda A. Middleton, we leverage in-depth legal knowledge with unrelenting compassion to provide our clients with approaches and strategies that are both effective and personalized. If you’re on the outside of the divorce process looking in, reach out to our team today to see how we can help you.