When you first get married, you never think that your marriage is one of the 50% of marriages that will end in a divorce. However, many couples end up filing for divorce at some point in their lives. If you live in California, here are some things to know.
Residency Requirements
To file your divorce case in the state of California, you must have lived in California for the past six months and in your current county for the past three months. If you do not meet these residency requirements, you either need to file for divorce in your past state of residency or wait until enough time has passed.
No-Fault Divorce
In California, you can have a no-fault divorce. This means that no one is being listed as responsible or at fault for the divorce. You do not need a reason or somehow justify that you want to file for divorce. You can file for divorce simply because you want to and it is the right next step in your life.
File for Divorce and Pay the County Fees
Meeting with an attorney or researching the divorce process in your county does not mean that you have started to file for divorce. To file, you need to file for divorce with the county court system and pay the related fees. If you file for divorce with the help of a lawyer, they will likely handle paying the filing fees and going through the process of filing for divorce.
Serve Your Spouse
Once you officially file, you will need to serve your spouse. This simply is the process of letting them know that you have filed for divorce and getting a record that they were notified. In many cases, your spouse already knows about the divorce because you have discussed it and it is a mutual decision. Your lawyer will discuss with you options for how to best serve your spouse depending on your specific situation. Often, you can use a service or the court system to serve your spouse.
Agree on How to Divide Assets and Custody
If you and your partner agree on how to divide assets, debts, and custody, filing for divorce is usually relatively quick. The terms you agree on need to be made official and they meet certain criteria. For instance, child support payments usually need to meet a certain threshold based on income.
If you don’t agree on how to divide assets or custody, mediation is usually the first opportunity to try to find an agreement. If that doesn’t work, your divorce will proceed to the court system where a judge will ultimately decide on what’s fair.
Schedule a Consultation With a Redwood City Divorce Lawyer
If you are considering a divorce, remember that you’re not alone. There’s no reason to feel overwhelmed with the process when your divorce lawyer can help you through each step. Contact the Law Offices of Bradley Bayan at (650) 364-3600 to schedule a free consultation. We are here to help.
