Navigating the Divorce Process in California

Divorce is a significant life event that involves navigating complex legal processes. At the Law Office of Mark A. Nelson, APC, with three decades of experience, we understand the intricacies involved and are dedicated to guiding you through this difficult time. This article provides an overview of what to expect during a divorce process in California.

Understanding Divorce in California

Divorce, also known as the dissolution of marriage, is the process of legally ending a marriage. California is a "no-fault" divorce state, meaning that a spouse can file for divorce without having to prove wrongdoing by the other spouse.

Initiating the Divorce Process

To initiate a divorce, one spouse must file a Petition for Dissolution with the court. This document outlines the spouse's wishes regarding property division, child custody, child and spousal support, and other issues.

Responding to a Divorce Petition

The other spouse must respond to the petition within 30 days. If the spouse fails to respond, the court may grant a default judgment, which typically means the filing spouse's requests are granted.

Division of Assets and Debts

California is a community property state, meaning that all assets and debts acquired during the marriage are generally split equally between the spouses during a divorce. However, there are exceptions, and the process can be complex.

Child Custody and Support

If you have children, you'll need to make decisions about custody and support. The court always considers the best interest of the child when making these decisions.

Spousal Support

Also known as alimony, spousal support is a payment that one spouse may have to make to the other to maintain the standard of living established during the marriage. Several factors influence spousal support, including the length of the marriage and each spouse's earning capacity.

Finalizing the Divorce

Once all issues have been addressed, the court will issue a final judgment ending the marriage. It's important to note that you must wait at least six months from the date the non-filing spouse is served with the divorce petition to finalize the divorce in California.

Legal Help with Divorce

Divorce involves many complex legal issues. With over 30 years of experience, Mark A. Nelson has helped many clients navigate the divorce process. If you're considering a divorce, contact us for a free consultation.