This article will examine some of questions that are commonly asked about the divorce process in California. It will help you get a broad overview of the process and understand what to expect.
Do I have to wait 6 months to get divorced in California?
Yes, although the waiting period can be challenging for couples, six months is the minimum and its common for the divorce process to take longer than six months.
Can I remarry during the waiting period?
No, unfortunately you can’t remarry while you are waiting for the divorce to be finalized.
Why is date of separation important?
The separation date is important in determining what property is community property (must be split) and separate property.
Should I sell or mortgage the house while we are separated?
You’ll want to hold off on making major changes to assets or debts during the separation/divorce process.
Does it matter what state we live in?
Yes, in order to file for divorce in California you or your spouse must have lived in California for at least six months. You also need to have lived in the county for at least three months.
What are some of the important factors for determining temporary child support?
Important factors in determining child support are each parent’s income and the amount of time each parent takes care of the child.
Do I need to wait to get spousal support?
Spousal support can be granted with an Order to Show Cause early in the divorce process, so you do not need to wait until the divorce process has progressed for temporary spousal support.
What’s the general timeline of important steps in the divorce process?
- The first step is a Petition with the Court and serving the Petition on the other spouse. This marks the beginning of the waiting period.
- The next step is responding to the Petition and perhaps an order to Show Cause if certain disputes are involved.
- Hearings or mediation can be scheduled to resolve certain issues.
- Dividing property is a step that will happen somewhere along the process. As part of this, discovery and disclosure of assets and obligations will be conducted.
- Settlement Agreements occur where you and your spouse are able to reach an consensus.
While this is not a complete list, it gives an overview of some of the steps in the divorce process and helps you understand important questions relating to your divorce. For answers to specific questions you may have, consult with an attorney who has experience in family law to guide you through the sometimes intricate divorce process.
