Divorce

Let us begin by clarifying that a divorce is referred to a dissolution in the courts. In California, there is a minimum six-month waiting period before a judgement of dissolution can be entered. The six-month period begins when other party is served with the petition for dissolution. Generally, divorces take longer than the six-month period but if there are limited assets and no children involved, a divorce can be completed within the six months.

A divorce (a.k.a. dissolution) begins when either spouse files a petition for dissolution with the court. This spouse will then be the “Petitioner” throughout the divorce process and the other spouse will be the “Respondent.” The Petitioner must have the Respondent served with a copy of the petition. Within 60 days of filing the petition the parties must exchange PDDs (Preliminary Declarations of Disclosure). The PDDs are a set of forms which disclose basic financial information.

The next step is to divide all of the assets and debts between the parties. This can include your home, vehicles, bank accounts, credit card debt, loans, and anything else you own. If you cannot reach an agreement about the division of assets and debts, you may need to proceed to trial and let the court decide how to divide your assets.

You also need to come to an agreement about the custody of your children. This can be difficult especially if one party is planning on leaving the area. Once again, if you cannot agree on a custody plan, the court can step in and assist in determining what is in the best interest of the child.

You may also request child support or spousal support when you file for divorce.

Under Family Code 2030, a lower earning spouse can request the court that the higher earning spouse pay for some or all of their attorney’s fees. The court will only make this order to provide equal access to legal representation.