Divorce Basics
In California, there are three main ways to end a marriage or a registered domestic partnership:
- Divorce
- Legal separation
- Annulment
California is a “no fault” divorce state. This means that the spouse that is seeking the divorce does not have to prove that the other spouse did anything wrong, such as have an affair or act violently. One spouse must allege only that the couple is unable to get along, or has “irreconcilable differences.” Incurable insanity is another ground for divorce.
Both spouses do not have to agree to the divorce. One spouse can decide to end the marriage, and the other spouse cannot stop the process by refusing to take part in the proceedings. If a spouse does not participate in the legal proceedings, the other spouse can get a “default” judgment and the parties will be divorced. It is important to have a West Covina family lawyer representing you through the complex legal process.
Role of the Court
A court’s main concern in a divorce is helping the divorcing spouses equitably agree about how their lives will be reorganized after the divorce so they can move ahead to reestablish their lives. When you file for divorce, you can ask the judge to make orders about:
- Spousal support
- Property division
- Responsibility for debts
- Child custody and visitation
- Child support
The judge may also make orders about who will pay your West Covina family attorney’s fees. You can also seek orders about domestic violence.
The divorce process will take at least six months from the date the person filing for divorce officially serves the divorce papers on his or her spouse. The case can take longer, but it cannot be shorter. California has a mandatory six-month waiting period. You can submit all your paperwork to the court before the six-month waiting period ends, but the divorce itself will not be final until at least six months after the case is filed.
Contact Us
When families are involved, clients need prompt, attentive service. West Covina family attorney Daniel V. Cota is committed to standing by his clients through every step of the process. Mr. Cota is honest and “up front” with his clients – and clients appreciate his knowledgeable and straightforward approach.
For a free consultation, call (800) 351-6850 today.