In this article, we’ll go over the general idea and discuss how to divorce in California. All details concerning a certain case can be discovered by reading the law or paying a visit to an attorney.
The initial essential thing is to protect yourself, the kids, and the estate. If this is a case of violence from a partner, or in case this might go down to it, you should take measures to protect your beloved ones. There are several legal ways of achieving it. For instance, get a restriction order, or notify the educational organizations to release the kids to you only. In case you’ve got more civilized relations, go straight to step 2.
It’s to make sure you meet two residency requirements. Then you are just a few steps away from the goal. You must show what you own, how much you owe, and the calculated regular expenses. Then gather the relevant papers like bank statements, insurances, tax forms, bills, etc.
In case you are the one staying with the child, put their needs forward as well. Make a decision whether you need alimony. It might require filling additional forms.
The essential thing is also to choose the preferable procedure. The State of California has a traditional and a summary one. The latter one requires two partners to agree to split up. What’s more, it’s possible when you don’t share kids, were married for less than 5 years, don’t share real estate or debts (over $ 6k). It also requires you to have a written document of how both partners agree to divide the belongings and debts and more little details you can find out from a special brochure. In case you do not meet at least one demand, go with the traditional way.
File the special California divorce forms in the clerk’s office of the Superior Court and pay the fee. If your partner is unaware yet, notify him or her.
The final straw is to be present at the court hearing and wait for the judgment. According to the law, it takes a half a year to finalize a divorce. However, if you’ve got some conflicts to resolve, it might take up to 15 months.
There are also a few organizations that deal with online divorces. They usually have a very detailed instruction on how to do it this way.