Thinking through whether you want to pursue the divorce process is never easy, even if you are sure you are ready to dissolve the marriage. It’s important to make the decision based on sound information, including advice from legal and mental health professionals. During your California divorce, you will want to make sure that:
- You must have established residency. To initiate the divorce process in California, you or your spouse will need to have been living in California as a resident for a minimum of six months.
- You can get a no-fault divorce. To get a divorce in California from your spouse, you will not have to prove that they did something wrong to facilitate the divorce. This is because California is also known as a no-fault divorce state. You can get a divorce on the grounds that the marriage has broken down beyond repair.
- You understand property division. California is a community property state. This means that any community property, or property gained during the marriage that is therefore owned by the marriage, will be divided 50-50 by the state during divorce.
- You will need to work with child custody and support. During a divorce, deciding on who will get custody, what the visitation schedule will be, and how child support will be distributed are difficult issues to grapple with. Under the law of California, the best interest of the children will be considered most thoroughly to decide this.
- You are prepared for questions regarding alimony. During divorce, another contentious issue is alimony, also called spousal support. This will be awarded based on how much each spouse makes, the potential of each spouse for earning, and what the living conditions were like during the marriage.
- You have invested in legal help to support and guide you. Because divorce can be emotionally and financially challenging, it is reassuring to have a lawyer who can support you with your legal needs.
Deciding on whether to divorce or not is a difficult choice to make; however, it is important to understand that if you do decide on separation, you should be informed and prepared for the process to come. A Tustin divorce lawyer can help you work through this.
Once you decide whether you are getting a divorce, a whole new array of confusion may arise regarding the different kinds of divorce. It helps to be aware of what the different options are so that you and your spouse can decide on what kind of divorce is right for your situation.
If any key issues are disagreed upon, or contested, then you and your spouse may have to go to court to resolve them. Typically issues such as spousal support and child custody can trigger disagreement, which leads to the marriage being contested. These types of divorces are usually preferred to be a last resort.
Uncontested divorces are typically the least expensive and fastest option for getting a divorce. However, it requires clear communication and collaboration between each spouse to reach a consensus on all of the key topics surrounding divorce. An uncontested divorce can last as long as the waiting time required to get a divorce.
In these divorces, which fall under the uncontested divorce umbrella, a professional hired by you and your spouse will help you work through issues you cannot agree on in the divorce and help you come to a consensus. Mediators are private parties who help negotiate optimal outcomes for everyone. If you and your spouse ultimately come to an agreement, you can avoid having to go to court. It also means more privacy. Getting a mediated divorce can help avoid long term stress and hurt feelings.
In collaborative divorces, there are many different professionals involved, including mental health professionals, collaborative divorce lawyers, financial and valuation professionals, and more. Each spouse will hire their own lawyer, but the goal is still to find consensus instead of having the court decide on contested issues for you.
Fortunately, in Tustin, CA, there are many different options for divorce. An experienced divorce lawyer can help advise you on the optimal choice moving forward.