California divorce
Wondering how to get a divorce in California?
You are considering getting a divorce in California and you are not aware where to start from. Read this material and you will have more than a clue.
First of all I must give you an advice, no matter if you are about to get a divorce in California. Try to talk and reach some kind of an agreement before starting the whole process. It would be better for both of you and especially your children, if you have any. Explain to your husband or wife without fighting why do you want to make that step, if possible.
If you are about to get your divorce in California you should consider the specific rules, regulations and laws this state has.
As usual there is the requirement for being a resident of the state in which you file for divorce, in your case California at least from six months. You should also be a county resident in California for three months prior to your file for divorce.
After you meet the residential requirements for getting a divorce in California, you should file a petition for dissolution of the marriage. The online divorce service is available for California, so you can save some money and time and prepare your paperwork online. You can also do this with a counselor, if you'll feel more secure doing it in the old way. Your spouse has time to answer, after being served with the paperwork after you have applied your petition to the court.
Grounds for your divorce may be "irreconcilable differences" or "incurable insanity". The second one, of course has to be proven medically. They are the same for applying for legal separation in California divorce cases.
As is mentioned above it is better for you and your spouse to be able to negotiate and reach an agreement. This will save you a trial in the court, a lot of money, time and nerves, not only if you are getting a divorce in California.
You can also ask the court for temporary orders related to child custody, alimony, residence and so on if you have some issues on these things with your spouse. They will be in action until your divorce is finalized and the court has reached a decision, according to California divorce laws.
As to property issues, you must be able to provide as much as possible information on your debts and income. As Texas, California is considered a "community property state", which means that the property which is earned or debts that are made during the period of marriage is divided equally after the divorce. There are a few exceptions, of course. Your property, gained before the marriage, some heritage, willed to you and only, or the profits you've earned from investments with the mentioned above property are considered as yours and only in California after you get a divorce. But it is like that if you don't mix them with your family budget.
As to the spousal support, there are some details that must be cleared so that it can be determined in California divorce cases. The court of California, legalizing the divorce must be aware of the self supporting abilities of the spouse, which wants to receive an alimony, his/hers age, education, medical issues, time of unemployment, life standard during the marriage, time needed to gain the ability of self support, also the income of the supporter, his/hers needs to pay debts and so on.
As to child custody there are also some issues, which are considered, according to California divorce laws. The health and wellbeing of the child is most important, any cases of violence, or substance abuses by any of the spouses should be cleared during the divorce in California for determining the gainer of child custody.
Here is a video of a Dishon & Block, lawyers specialized in California divorce cases: