Best Business Attorneys in Santa Maria, CA

In California, a divorce cannot be finalized sooner than six months after the divorce petition is filed and served on the non-filing spouse. During that time, you and your spouse can be working out the details of your divorce settlement with your attorneys, so that you have an agreement ready when you reach the six-month mark. Of course, many divorces take longer than six months to resolve, but six months is the minimum length of a divorce process.

Yes. You or your spouse must have lived in California for six months or more before a divorce petition is filed, and you must have lived in the county in which you are filing for a divorce for at least three months before filing.

A summary dissolution of marriage is a streamlined divorce process available to people who meet certain criteria. Summary dissolution is available for couples who meet the residency requirements for a California divorce, have been married five years or less, and have no minor children together and are not pregnant. In order to be eligible for summary dissolution, neither party can own any real estate or have more than $6000 in debt. The parties cannot have more than $38,000 in community property and neither can have more than $38,000 in separate property. If you and your spouse want a summary dissolution, you must both waive your rights to spousal support (alimony) and sign a property settlement agreement that divides up any community property you do have. You must also agree to give up your right to appeal once the court grants your dissolution. Although the process of summary dissolution is simpler than a regular dissolution, it still takes at least six months.

A divorce is officially commenced by the filing of a divorce petition and summons in court for the California county in which you live. The petition and summons must then be served on your spouse, who will have 30 days to answer it. You will need to file a proof of service with the court. You may also need to file other documents if you have minor children, including the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, the Child Custody and Visitation Application Attachment, and the Property Declaration.

Alimony is also referred to as "spousal support" in California. These payments are intended to keep one spouse from suffering a steep drop in their standard of living after divorce. Spousal support can help a spouse who has been out of the workforce, such as a stay-at-home parent, get back on his or her feet until it is possible to be self-supporting. It is not awarded in every divorce, or even in most divorces, however. If you think you might need spousal support, speak to an attorney experienced in California family law matters.