What Couples Should Know When Facing Divorce in California
Divorcing your spouse in California can be a challenging and emotionally charged experience for everyone involved. One of the primary concerns that many couples have when deciding to end their marriage is how it will impact their family and finances. It’s essential to remember that a divorce doesn’t have to mean the end of your family or financial stability. With careful planning, communication, and cooperation, it’s possible to separate amicably and minimize the damage to your family and finances. By prioritizing the well-being of your family and working together to find a mutually agreeable solution, you can come out of the process with your family relationships intact and your financial future secured.
Grounds for Divorce in California
If you are preparing to file for divorce or have been served with papers, it is important to have a skilled legal team on your side that is experienced in handling legal issues in the areas of divorce and family law in San Diego and La Jolla to protect your rights and ensure that you are treated fairly throughout the process. At Fair Cadora we are committed to helping our clients get through this challenging process and get back to enjoying their lives. Here’s what you need to know about the divorce process in California:
- At least one spouse must have lived in California for at least six months.
- At least one spouse must have lived in the county where they are filing for at least three months before filing.
- California is a “no-fault” state, meaning neither party needs to prove that the other is responsible for the marriage breakdown. The only requirement to move forward with this process is “irreconcilable differences,” which means that the marriage cannot be saved.
- One spouse must file a petition for dissolution of marriage with the court and serve the other spouse with a copy of the petition and a summons.
- There is a mandatory six-month waiting period from the time the petition is served to the finalization. In some cases, this waiting period can be waived by the court.
- California is a community property state, meaning all property acquired during the marriage is generally considered community property and will be divided equally between the spouses.
- If you have children, the court will determine child custody and visitation arrangements based on the best interests of the child. Child support will also be ordered based on a statewide guideline calculation.
Finding the Right San Diego Divorce Attorney
The attorney you choose to represent you in your case can affect the rest of your life. It’s important to choose wisely. When searching for an attorney to represent you it is important to find an attorney that specializes in divorce and family law in San Diego and La Jolla and is familiar with the judges and courts in your specific county. Additionally, your attorney should be someone you can trust and feel comfortable with. If you wouldn’t feel comfortable allowing your attorney to advocate for you in your absence, they’re probably not the right attorney for you.
What sets Fair Cadora apart from other family law firms in San Diego and La Jolla is their extensive experience in family law, with over 50 years of combined world-class experience. Attorney Kevin L. Cadora has personally handled hundreds of high-conflict divorce cases, giving him an intimate understanding of the nuances and complexities involved in these types of cases. Attorney Lauren M. Fair is a Board Certified Family Law Specialist, which means that she has been recognized as a legal expert in the field of family law. This designation is only granted to attorneys who have demonstrated a high level of expertise and experience in this area of law in California.
The attorneys at Fair Cadora are committed to fighting tirelessly to protect your rights and interests, and we will work hard to uncover the truth of your situation. However, they also understand that sometimes settlement may be the best option for their clients, and they will strive to reach a solution that is fair and equitable.
California Divorce Options
In the state of California, you have several divorce options and our San Diego divorce attorneys will work with you to determine which option makes the most sense for your unique situation. Here’s the different options available to you in California:
- Uncontested Divorce — This option works best when both spouses agree on all of the terms of their divorce, including property division, child custody, and support. Typically this option is less expensive and quicker.
- Contested Divorce / Litigation — When the spouses cannot agree on the terms of the divorce and must go to court to have a judge decide the issues. This option can be more time-consuming and expensive than an uncontested divorce because it typically takes longer to reach an agreement in highly contentious circumstances.
- Mediation — Mediation is a process where a neutral third party, known as a mediator, helps the spouses negotiate and reach an agreement on the terms of the divorce. Mediation can be less adversarial than going the contested route and can help the parties maintain control over the outcome.
- Attorney-to-Attorney Negotiation — A divorce involving attorney-to-attorney negotiation is when the spouses and their attorneys agree to work together outside of court to reach a settlement. This process can be more amicable and can help the parties maintain a cooperative relationship after the divorce.
- Collaborative Divorce — When spouses and their attorneys agree to work together outside of court to reach a settlement. This process can be more amicable and can help the parties maintain a cooperative relationship after their marriage has ended.
- Legal Separation — A legal separation is when the spouses live separately but remain legally married. This option can be chosen for religious, financial, or other personal reasons, and can be converted into a divorce later on.
- Summary Dissolution — A summary dissolution is a simplified divorce process available to couples who meet specific eligibility requirements, such as having been married for less than 5 years and not having children together. This option can be faster and less expensive, but not all couples qualify.
