COMMONLY ASKED QUESTIONS ABOUT GETTING A DIVORCE IN CALIFORNIA
/How long will it take for my divorce to be completed? A divorce is not a quick process. The soonest you can terminate your marital status is six months and one day after service of the Petition on the Respondent. Other issues in the case can take a longer or shorter time to resolve. The timing of resolution may depend upon the amount of information to gather, the emotional state of the participants, and the complexity of the issues to resolve. Mediation can result in an agreement in weeks or months. In contrast, litigated cases can take a number of years to conclude.
Will I automatically be divorced in six months? In California, you can obtain a dissolution of your marriage (formerly called a divorce) no earlier than six months and one day from the date the Petition is served on the Respondent. If the other issues of the divorce (i.e., property division, support, and parenting issues) are not resolved within this six-month time frame, you are entitled to request a "bifurcated Judgment." This does not happen automatically. Prior to a bifurcation of the marital status, there are some conditions imposed, such as assurance that health insurance coverage will be continued, that both parties have prepared and exchanged their mandatory disclosure forms, and also that the pension plans be “joined.” If you want to terminate your marital status before the other issues of your case are resolved, you must affirmatively ask the court for relief.
What is the difference between a "legal separation" and a "divorce"? The main difference between obtaining a judgment of legal separation and obtaining a judgment dissolving the marriage is that marital status is not terminated as part of a legal separation proceeding. Some parties choose to request a legal separation for personal reasons such as religious beliefs or health insurance concerns. They still, however, must address the same issues as parties undergoing a divorce (i.e., support, parenting, division of marital assets and debts).
What protects me from having my spouse take all of the money/assets? While a dissolution proceeding is pending, there are certain duties and restraining orders which apply to both spouses. These are found on the back of the Summons. Generally, you are prohibited from doing any of the following without the consent of the other spouse or court order: taking minor children out of state, making changes regarding your insurance, transferring, selling, or concealing assets, and making certain types of changes in your estate plan.
How long will I be entitled to receive, or be obligated to pay, spousal support? Under the law, the duration of spousal support is always within the discretion of the court. For marriages of less than ten years, spousal support may be paid for approximately half the length of the marriage. For marriages of longer duration, the support could extend for a much longer period of time.
How are spousal support and child support calculated? In Mediation, you and your spouse can determine how you want to calculate support, considering factors like income, expenses, resources available, and the standard of living established during the marriage. In the absence of an agreement, the court uses a "guideline" formula which takes into consideration the respective incomes of each party, the percentage of time the child spends with each parent, and various other factors.
What happens to gifts or inheritances or assets I owned prior to marriage? A gift or inheritance is the separate property of the party receiving it and is not considered a community property asset for division in divorce unless intended for both spouses. Separate property also includes assets owned prior to marriage.
Do I ever have to appear in court? It is not necessary to appear in court unless you and your spouse cannot settle issues through mediation and require a judge to make decisions about support, parenting, or property division.
How do I help our children deal with this process? Talk with your children openly and honestly without disparaging the other parent. Several resources are available to help children deal with the transition of divorce, including programs through local organizations and a variety of helpful reading materials.
What is the difference between "legal custody" and "physical custody"? Legal Custody refers to the right and the responsibility to make major decisions relating to the health, education, and welfare of a child. Physical Custody refers to the time periods in which a parent physically cares for the child.