Divorce in California

When the marital relationship is no longer working for a couple, divorce may be the solution. In California, that could be a simple matter of filing a few forms and waiting six months, or it could become extremely complicated, requiring family court mediation and multiple hearings before a judge. As with any situation where emotions are involved, it depends on the partners’ willingness to cooperate.

The cost varies widely, ranging from a few hundred to tens of thousands of dollars, but expect to spend at least $2,000 if you have children and any property that will need to be divided.

According to the state bar association, there are two basic grounds for a California divorce. One is irreconcilable differences, meaning the arrangement is not acceptable and counseling won’t fix it; and the other is insanity, a rarely used basis for divorce.

Divorce options

Married couples – or domestic partners – with differences that cannot be settled have three options. They can seek:

  • Legal separation – used when a couple, possibly for religious or tax purposes, want to stay married, but live separately. A family law judge can divide property, assign Child Custody , order child or spousal support and issue restraining orders.
  • Annulment – used when the marriage was not legally valid, making it as if the marriage did not exist. This can happen if a spouse was a minor, was forced or tricked into marriage, or was still married to someone else.
  • Dissolution – used when the partners no longer wish to be married or live together. It permanently severs the marital contract. A family law judge settles property, custody, support and other issues just as in a legal separation.

Summary dissolution

To obtain a California divorce, you must have lived in the state for six months, and in the county where you plan to file for at least three months. More than 160,000 people a year file for divorce in the state each year, according to the California court system.

In some simple cases, a couple can apply for a summary dissolution. To be eligible, the partners cannot have been married for more than five years, have any children or be pregnant, own real estate, owe more than $6,000 in debt accumulated during the marriage, or own more than $36,000 in property together.

If you qualify, and you and your spouse do not disagree on any issues, you must read the “Summary Dissolution Booklet,” file a dissolution petition with the county, and pay a filing fee. The fee is usually about $320. Then you wait six months, file a final request for judgment, and that’s it. Your California divorce is final.

Contested and uncontested California divorce

However, for most couples, especially those with children and a home, the process is more involved.

The partner seeking the California divorce files a petition with the clerk of court, along with a summons for the other spouse, and a declaration of shared children. Someone not involved directly in the case, such as a friend, attorney, or deputy sheriff, has to serve the summons and file a “proof of service” form. Then, the spouse being served must file a response within 30 days.

The fees for the petition and response are each about $320.

From there, it depends on whether the divorce is contested or uncontested. Couples that agree on all the terms of dividing property and custody simply file those financial disclosures and agreements, and request a judgment from the court. Couples that cannot agree must go to family court mediation, then ask a judge to decide who should get what.

Property and spousal support

In a California divorce, there are two types of property: separate property and community property. Separate property is what each spouse owned prior to the marriage, and community property is what the couple gained during the marriage. Community property is usually divided in the divorce process so that each spouse gets an equal share of the assets.

For example, one spouse may get the home, but the other will get the cars, investment property or any other assets that total the value of the home.

The family law judge may also assign spousal support or child support. The amount of spousal support, or alimony, is determined by taking into account such factors as the standard of living maintained during the marriage, the length of the marriage and the earning history of both parties. Child support amounts are determined using guidelines devised by the state court system.

Regardless of whether the couple is in agreement or not, it is a good idea to hire divorce attorneys and accountants. Even when there is no hostility, figuring out the division of jointly owned property and settling the details of shared custody can be complicated.

Divorce Magazine estimates the fee range for a divorce attorney at $100 to $450 an hour, and for an accountant at $125 to $350 an hour. The estimated total cost of a contested divorce is between $8,000 and $130,000, according to the magazine.