When love does not last till death do you part, you will face a tangle of legal and financial issues as part of your divorce. If you reside in California, you’ll need to understand how divorce works in the Golden State. This article will walk you through the stages and particulars of separation in California so that you can retain some sense of control even if your relationship is ending. If you’re going through a divorce, you should consider hiring a financial adviser to help you navigate the financial side of things and check the divorce laws in Orange County.
Eligibility to File for Divorce in California
To petition for divorce in a California court, you must fulfill certain eligibility conditions. At least one of the divorcing spouses must have resided in California for six months before filing for divorce. Furthermore, you must file in one of the state’s counties. To be eligible to petition for divorce in any county in California, at least one of the spouses should have resided there for three months before filing.
Divorce Arguments in California
In California, all divorces are no-fault. As a result, the partner filing for divorce is not required to provide a cause or demonstrate that the other spouse mistreated them. When splitting property or assessing support, judges do not weigh culpability. Even if one party committed adultery or hurt the other spouse somehow, the judge will not take that into account when making divorce decisions.
Divorce Procedure
To divorce in California, you must follow specific procedures. There is a six-month time limit after the divorce is submitted before it can be completed, so don’t presume to get it done right away.
To begin the divorce process, one of the two spouses must file a petition in the superior court in the county where they fulfill the criteria and conditions. The husband or wife who files for divorce is known as the petitioner. The plaintiff must serve duplicates of the divorce petition and any other relevant paperwork to the other spouse, known as the respondent.
The divorce might proceed in a variety of ways from there.
The easiest path is for both sides to represent themselves and put together a real estate and daycare division plan without using attorneys. If that is not an option, you can go through mediation. A mediator does not have the legal authority to compel couples to reach an agreement, but they can assist a team in working through challenging problems. A divorce trial is the most time-consuming and affordable option. A trial will necessitate the hiring of a lawyer by each party. Both parties will conduct discovery, and a court will make the final call on the aspects of the divorce.
How to Split Assets After Divorce in California
Once both spouses have agreed on what is separate property, they must determine how to split their marital assets. If the spouses are willing, they can make this decision together, or a mediator can assist. If the couple cannot reach a deal with the mediator’s assistance, a judge will make the decision. Both sides must follow the judge’s ruling.
The property will need to be assigned a financial value divided between the spouses. An evaluation may be required, particularly for the house or art or antique furniture items. Typically, an independent financial professional will evaluate the value of retirement assets such as a 401(k) account or an annuity.
There are three basic ways to divide property:
Determine which parts of the estate go to which partner in an equitable manner
Allow one spouse to effectively buy out the other on various pieces of property. For example, if one spouse wishes to stay in the marital home, they would pay the other half of the home’s value.
Sell the house and divide the proceeds.
After the divorce, the couple can choose to keep the joint property. When both spouses want their children to stay in the family home, this is sometimes a solution.
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