Most people cannot imagine that the joy and expectation they experience on their wedding day will one day turn into a dismal California divorce proceedings. Nevertheless, 50% of marriages nationwide, and 60% of marriages in California wind up in divorce court. If you find yourself looking at divorce, a local attorney can help you through the process. Meanwhile, you probably have all kinds of questions swirling around in your head:
What are the Differences Between Legal Separation and Divorce?
Legal separation is an option sometimes chosen for couples who have certain key concerns about divorce, such as
- Religious objections to divorce;
- Concerns about obtaining health insurance coverage in the event of a divorce.
A legal separation allows couples to address issues relating to the division of assets and debt, child custody, support, and visitation, and so forth, but does not officially terminate the marriage.
What Grounds for California Divorce are Allowed?
California is a no-fault divorce state, meaning that grounds for divorce are generally irreconcilable differences.
California Divorce Residency Requirements
In order to get a California divorce, either you or your spouse must have been a resident of the state for six months and a resident of the county in which your are filing for three months prior to filing.
How can I Protect Myself From Financial Ruin at the Hands of an Angry Spouse?
The court expects parties in a divorce to manage financial matters and property considerations properly. When divorce proceedings are initiated, the court will issue ATROs, which are legal prohibitions on certain activities related to financial and parenting matters. Included in the list of banned activities are the following:
- Removing minor children from the state without written permission from the other parent or obtaining a court order;
- Altering insurance provisions, including cancelling policies, cashing in policies, borrowing against policies, or changing beneficiaries;
- Selling or transferring assets or using shared assets to secure a loan;
- Concealing assets from the court.
What About My Inheritance? Is My Spouse Entitled to a Share?
Generally speaking, gifts and inheritance are considered separate property, just like property obtained prior to the marriage. The exception, of course, would be when the inheritance was directed to both parties, or when prior understandings have been drafted that put the inheritance into question.
How Long Will a California Divorce Take?
As soon as the California divorce petition is served, the time clock begins. You can count on an uncontested divorce taking six months and one day from that point. Even though the divorce may not be finalized before this timeframe, the legal proceedings may be concluded much sooner. However, in the case of a contested divorce, the battle may proceed for months or even years beyond the mandatory six months. Continue reading →