Tag: <span>Child Support</span>

Debt and Divorce in California

March 6, 2018January 17, 2019
by Angie

The division of debt can be one of the most contentious issues of divorce, so it’s imperative that you work with a Stockton divorce lawyer who understands how to negotiate and who’s willing to fight hard for your rights.

But how is debt divided in a divorce in California, and what can you do to make the negotiation process easier?

Debt and Divorce in California

California is a community property state, which means there are two main types of property in – joint and separate. There’s another type of property classified as quasi-community property, as well, but it is less common than joint and separate property.

Debt is treated like property in a divorce in California.

Joint Debt

Joint debt, which is typically handled a lot like joint property is, is debt that you and your spouse accrued together during the course of your marriage.

Separate Debt

Separate debt, which is also handled like separate property is, is debt that you and your spouse brought into your marriage from the time you were single.

Quasi-Community Debt

Quasi-community debt refers to debts accrued by either spouse while they’re living outside the state of California that would ordinarily be considered community debt if it was accrued while the spouse was living in California.

Special Types of Debt

The courts apply special rules to some types of debt in a California divorce, including:

Student loans
Support payments from previous relationships
Criminal fines and restitution
Business debts

Student Loans

Family Code Section 2641 says that student loans are generally assigned to the spouse who obtained the education. However, if both partners substantially benefited from the education before they separated, sometimes the court assigns the debt to the spouse who did not obtain the education, or orders the two parties to split the debt in some way.

In some cases, the court orders the person who received the education to reimburse his or her spouse for contributions that the spouse made; that typically only happens when the other party didn’t substantially benefit from the education.

Support Payments From Previous Relationships

In a divorce, support payments from previous relationships – spousal support and child support – are assigned to the original person who owes them. If your spouse owes child support from a previous relationship, for example, you won’t have to pay any of it after your divorce, even if he or she is in arrears.

Criminal Fines and Restitution

If your spouse owes money for criminal fines or restitution, whether or not those debts were accrued during or before the marriage, are assigned to the spouse who incurred the debt.

Business Debt

If a business is partly community and partly separate property, division of the debt can be incredibly tricky. There are several methods used to value property and involved in dividing business debts, but in most cases, it’s best to work with a skilled, knowledgeable Stockton divorce lawyer who understands what professionals can help most.

Do You Need to Talk to an Attorney About Dividing Debts in Your Divorce?

If you’re divorcing and need to divide your debts, we can help you.

It’s our mission to help you reach a fair and just settlement, so please call us at 209-910-9865 or contact us online to schedule an appointment with an attorney.

Child Custody

What is Parentage in California?

February 6, 2018January 17, 2019
by Angie

If you’re a mom or dad going through a divorce, you may have heard the term parentage – but what is parentage, and how does it apply to your child custody and child support issues?

What is Parentage in California?

Parentage is a legal term that the courts use to determine who is responsible for supporting a child. You don’t have to be a biological parent to be legally responsible for the child – in fact, the courts can establish parentage for adoptive parents, same-sex couples and others who have agreed to take legal responsibility for a minor child.

Why Do You Need to Establish Parentage?

If your child was born when you were not married, you typically must establish parentage to work out custody and visitation, as well as child support. After the courts establish parentage, the legal parents are officially responsible.

Ways to Establish Parentage in California

You can establish parentage in several ways at any time during the child’s life. One of the most common is by signing a Declaration of Paternity. You can sign this voluntary declaration and file it with the California Department of Child Support Services; once that’s done, you’re the child’s legal father (and you don’t need a court order to establish parentage if you’ve already filed a Declaration of Paternity).

Other ways to establish parentage include:

Providing proof of giving birth to the child
Providing a court order of adoption
Asking a local child support agency to bring an action to establish parentage
Asking the court to issue an order
Establishing biological paternity through a DNA test

What is Presumed Parentage?

In many cases, you don’t have to establish parentage – the court just presumes (makes an assumption) that the two people involved are the child’s parents.

The court presumes parentage if:

The parents are married when the child is born
The child is born within 300 days after the end of a marriage
The child is born during an “attempted” marriage that looked legal but wasn’t (or the child is born within 300 days of the attempted marriage)
There was a marriage or attempted marriage after the child’s birth
The child is welcome in the home and is held out to be the natural child of the presumed parent

Can You Change Parentage?

It’s tough to change parentage – even if you have biological proof that the presumed parent isn’t actually the child’s parent. If you have established parentage by signing a Declaration of Paternity, you have two years to challenge it in court; you must prove either that you signed it under duress or fraud, or that you are not the biological parent of the child by using a DNA test.

Do You Need to Talk to a Stockton Family Law Attorney About Parentage?

If you need to talk to a family law attorney in Stockton about parentage and how it applies in your child custody or child support case, we’re here to help.

Call us at 209-910-9865 to talk about your situation. We’ll give you the case-specific advice you need right now.

Child Support

California Child Support Law

January 31, 2018January 17, 2019
by Angie

California child support laws are designed to ensure that kids receive equal and adequate financial support from both parents – but how do they work, and how do the courts determine how much money each parent is supposed to contribute?

California Child Support Laws: The Basics

In the state of California, child support is the money a court orders one or both parents to pay each month for expenses related to raising a child (or more than one child).

There’s a specific guideline that shows judges how to determine the amount of child support required, but it’s just that: a guideline. Several factors affect how much child support has to change hands, and nothing is final until a judge signs a child support order.

Parents who receive child support can use it for any expenses that are commonly associated with raising a child, including food, clothes and shelter, as well as medical, school and transportation expenses, entertainment and extracurricular activities.

Who Pays More, Mothers or Fathers?

Because both parents are responsible for providing financial support, the court creates a child support order based on both parents’ incomes and how much time they each spend with the child or children. The courts assume that the parent who is physically with the child is financially responsible during that time (that’s why visitation and child custody – the amount of time each parent spends with the child – plays a role in child support decisions).

There’s nothing in California child support law that says fathers or mothers have to pay more; the guidelines take several factors into account to determine what’s fair for the child.

The California Child Support Formula

The judge will calculate how much each parent is required to pay by looking at both people’s net disposable income. Net disposable income is the money left over after taxes, mandatory retirement contributions and union dues, health premiums, other child support or spousal support, and the costs related to raising kids from another relationship.

The court will look at all sources of income for both parents, including:

Disability and worker’s compensation benefits
Dividends and stocks
Income from rental properties
Inheritances and prize winnings
Interest earned on investments
Self-employment earnings
Social Security income and pensions
Unemployment benefits
Wages, tips, bonuses and commissions

The expenses included when the court determines child support include:

Money for food, clothing and shelter
Health insurance costs
Back payments and interest on back payments

A judge can order a parent to contribute to other expenses, too, such as:

Child care
Tuition
Unpaid medical bills
Travel costs for visitation
Extracurricular activities

What is Parentage?

Parentage is a legal determination of who is responsible for supporting a child – and it’s important to know that a person does not have to be a biological parent to be legally responsible for a child. Parentage can be established in several ways.

How Long Does a Parent Have to Pay Child Support?

Typically, child support lasts until the child reaches the age of majority and stops when the child turns 18 and has finished high school or turns 19 without finishing high school. There are a few exceptions, though, such as when a child becomes incapacitated or disabled – then, the parents have a duty to support the child indefinitely.

Do You Need to Talk to a Lawyer About California Child Support Laws?

We can answer your questions about California child support laws and other matters regarding divorce, and we can refer you to outside help if you and your children need someone to talk to.

Call us at 209-910-9865 or get in touch with a Stockton divorce attorney online to schedule a consultation today. We’ll discuss your case, find out about your circumstances and start formulating a plan that gets you and your children the best possible outcome.

Divorce

How Quickly Can You Get a Divorce in California?

January 23, 2018January 17, 2019
by Angie

Once you’ve made the decision to divorce, you’ll probably want to get the process over with as soon as possible – most people do. There are things you can do to make your divorce go more smoothly (like reaching agreements on your own or working with a divorce mediator), but how long will it take?

How Quickly Can You Get a Divorce in California?

We read about celebrities getting a “quickie divorce,” but that’s not the norm. In California, it takes at least six months. There’s a waiting period that begins on the day you serve your soon-to-be ex-spouse with divorce papers (that can be a different day than the day your divorce lawyer files the petition for divorce) – but you must have filed the petition and served your spouse before the clock starts ticking.

You and your spouse can use that six-month period to begin resolving the issues you need to sort out to dissolve your marriage. After you reach a divorce agreement, your lawyer will file it with the court. Then, when the waiting period is done, the court will sign your agreement into an actual divorce decree. (If you can’t agree by that time, your lawyer will notify the court that you need a trial to settle the divorce.)

You’ll need to reach agreements and ask the judge to create orders about:

The Waiting Period and Child Custody

If you and your ex haven’t reached an agreement on custody and come up with a parenting plan by the time you file your divorce petition, you must attend custody mediation.

Residency Requirements and Other Time Frames You Need to Know

You or your spouse must have lived in California for the last 6 months to file for divorce here
You or your spouse must have lived in the county where you are filing the divorce for the last 3 months to file for divorce here

If you are divorcing a domestic partner and your partnership is registered in California, you don’t need to meet the residency requirements. If it wasn’t registered here, you must meet the residency requirements for married couples.

So About That Quickie Divorce…

While you can’t change the waiting period to get a divorce in California, you can still get divorced if you haven’t settled all your issues. Some people are able to bifurcate their divorces, which means that the court will end your marriage and let you negotiate or litigate other issues in the future.

(In case you’re interested, there are no residency requirements for divorce in Alaska; you can get a divorce in 6 weeks in Nevada; and you can get one in South Dakota after 60 days with no residency requirement.)

Do You Need to Talk to a Lawyer About Divorce?

We welcome the opportunity to answer your questions about divorce and issues such as custody, child support, spousal support, and the divorce process.

Call us at 209-910-9865 for a divorce case review. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Divorce

Uncontested Divorce in California

November 28, 2017January 17, 2019
by Angie

If you’re like many people, you’ve heard that there are two types of divorces: Contested and uncontested.

But what is uncontested divorce in California, and why does it matter?

What is Uncontested Divorce in California?

An uncontested divorce is one in which you and your spouse don’t fight in court – you come to a resolution on your own.

If you and your spouse have an uncontested divorce, it means that you have agreed on (or you have not disagreed on):

How to handle your property
What to do about your joint debts
Child custody and other parenting issues
Whether one of you will receive spousal support

In an uncontested divorce, you may not even need to have the court hear your case. You and your spouse, along with your Stockton divorce attorneys, can handle everything without appearing in court.

How Common Are Uncontested Divorces?

Uncontested divorces are fairly common in California – but they don’t always start out that way. In fact, many couples who don’t agree on much (or anything at all) find that after some time has passed, it’s a wiser choice to reach agreements on their own, with or without the help of a mediator. Sometimes the two spouses involved in a contentious divorce decide that it costs too much in legal fees, or realize that the divorce is dragging on for months waiting for a court date; in other cases, the couple realizes that if they don’t eventually agree, the judge will have to decide for them and they may not be happy with the outcome.

How to Handle Property and Debts in an Uncontested Divorce

You and your spouse may be able to negotiate who gets which property and what debts you’re each responsible for paying. If you can reach an agreement, the court will generally accept it – provided that it’s fair and equitable to both of you.

Property you brought into the marriage, or property that came to you through certain means (such as an inheritance) may belong to only you. It’s best if you talk to your attorney about how you and your spouse intend to divide your property before you make any commitments.

Child Custody and Parenting Issues in an Uncontested Divorce

The court will generally determine the amount of child support that changes hands during a contested divorce, but in an uncontested one, parents can agree to a fair amount of child support if the support is actually enough to meet the children’s needs and they:

Know their child support rights
Know how much California guidelines say they are entitled to receive
Aren’t on public assistance and have not applied for public assistance
Aren’t pressured or forced to agree to it
Believe that the amount is in the children’s best interests
Have a judge approve the amount of the payments

Spousal Support in an Uncontested Divorce

If you and your spouse agree to a fair amount of spousal support, the judge may sign off on it. Again, it’s best to talk to your attorney about spousal support if you plan to work out your own agreement with your ex, whether you’ll be the one paying it or the one receiving it.

Do You Need to Talk to a Divorce Lawyer in Stockton?

We welcome the opportunity to answer your questions about mediation and divorce-related issues such as custody, child support, spousal support, and the divorce process.

Call us at 209-910-9865 for a divorce case evaluation. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Divorce

San Joaquin County Divorce Basics

September 26, 2017January 17, 2019
by Angie

When you live in Stockton, San Joaquin County will process your divorce case.

But how does it all work, and what do you need to do if you’re ready to end your marriage?

You may want to talk to a San Joaquin County divorce attorney who can answer all your questions and give you legal advice.

San Joaquin County Divorce: The Basics

There are two ways to end a marriage in the state of California: divorce and annulment. Most people don’t qualify for annulment (nor do they want one, because an annulment can seriously limit your ability to collect spousal support, tie your hands when it comes to dividing your property, and even make custody issues more difficult).

Whether you’re going to file or your spouse has already filed, your paperwork will be processed through the San Joaquin County court system.

Divorce in San Joaquin County

Because Stockton falls under the San Joaquin County court system, your attorney will file your divorce paperwork through the Superior Court of California in Stockton.

You don’t need to prove fault to divorce in California. You only need to have irreconcilable differences. Even if your spouse was unfaithful or did something terrible to end your marriage, you don’t need a specific reason to dissolve your marriage.

Legal Requirements for a San Joaquin County Divorce

You must have lived in California for the past 6 months, and you must have lived in San Joaquin County for at least the past 3 months if you intend to file for divorce here.

Child Custody and Child Support

When it comes to child custody, it’s in your best interest to collaborate with your spouse and work out an arrangement that’s beneficial to your whole family. (If you and your spouse can’t agree, the judge assigned to your case will have to decide. While the judge will be as fair as possible and consider the best interests of the child, only you and your spouse know what’s really right for your family.)

Child support in San Joaquin County is the same as it is in the rest of the state. The courts will evaluate the parents’ finances and the children’s needs in determining how much money will change hands.

Spousal Support

Both parties to the divorce have the right to ask for spousal support. The court can order either spouse to pay – even while the divorce action is pending. (Pending means that the divorce has been filed but not yet granted.)

Support can be temporary or long-term. The court will look at both parties’ financial circumstances, the standard of living the couple enjoyed, and several other factors when determining how much money to order.

Do You Need to Talk to a San Joaquin County Divorce Lawyer?

If you’re thinking about divorce, or if your spouse has already filed for divorce, we can help.

Call us at 209-910-9865 for a case evaluation. You’ll talk to an experienced San Joaquin County divorce lawyer who will answer your questions about child custody, child support, spousal support, and other issues.

Child Support

How to Calculate Child Support in a Stockton Divorce…

May 22, 2017June 8, 2020
by Angie

When you’re going through a divorce with children, whether or not you’ve already hired a family court lawyer, you know that you need to think about child custody and child support.

While child custody is something that you and your soon-to-be ex-spouse should discuss on your own—and, if possible, reach an agreement on together—child support is another story. You don’t get to choose how much child support will change hands during and after your divorce case, because the state of California has guidelines in place to govern how much a custodial parent will receive for the care and well-being of his or her children.

The state guidelines are a little bit flexible, and it’s possible for one spouse to choose to give the other spouse more child support than the guidelines recommend. However, it’s important to remember that once the judge in your case orders a certain amount in child support, the order is legally binding. You or your spouse (the one who is ordered to pay child support) must pay or face serious legal consequences.

How to Calculate Child Support in California

The guideline the state uses to determine child support uses algebra to figure out how much support a child is entitled to receive. (Sorry!)

The formula is:

CS = K (HN – (H%)(TN))

In that formula:

CS represents child support.

K represents the combined total of both parents’ income.

HN represents high net, which is the net monthly disposable income of the parent earning more money.

H represents the percentage of time that the higher-earning parent will have primary physical responsibility for the kids.

TN represents the combined net monthly disposable income of both parents together.

If the amount of time H is greater than 50%, K will equal 2 – H. If The amount of time H is less than 50%, K will equal 1 + H. The formula varies when more than one child is involved.

We can work through the formula with simple numbers so you can see how it works, but in most cases, it’s easier to use the state of California’s own child support calculator.

Sample Child Support Calculation Under California’s Guidelines

Let’s use this example:

Parent 1 makes $3,000 per month.

Parent 2 makes $1,500 per month.

Parent 1’s disposable income is $500.

Parent 1, who is the higher earner, will have primary physical responsibility for one child 20% of the time.

The combined net monthly disposable income of both parents is $500 (Parent 2 has no disposable income to calculate).

In this case, where the amount of time H is less than 50 percent, 1 + H equals K; the formula will look like this:

CS = K (HN – (H%)(TN))

CS = 1 + 0.20 (500 – (0.20)(500))

CS = 1.2 (500-100)

CS = 1.2 (400)

CS = $480

Even if you calculate your child support using this formula (or the state’s child support calculator), remember that your case may be different for several reasons—most notably that the court will consider childcare costs, healthcare costs, and other special costs when ordering child support.

The more time the non-custodial parent spends with the children, the lower his or her child support is likely to be, too.

About California’s Child Support Guidelines

California’s child support guidelines, as any family court lawyer can tell you, were designed to provide for a minimum level of child support. Deviations are only allowed in very limited situations.

Legal Consequences of Failure to Pay Child Support After a Court Order

If the party ordered to pay child support fails to pay, your attorney can file a motion for contempt. The court will review the facts in your case and determine what’s going on, and the consequences for failure to pay can be very severe—even including jail time.

Do You Need to Talk to a Stockton Divorce Lawyer About Child Support?

If you need to talk to a Stockton divorce attorney about establishing child support, we can help. Call us at 209-910-9865 to tell us about your case. We’ll be able to give you specific advice so you can start moving forward.

Divorce

Collaborative Divorce in California

May 1, 2017August 13, 2020
by Angie

There’s no question about it: Divorce is tough.

However, a collaborative divorce can make things easier on you, your soon-to-be ex-spouse, and your children.

What is Collaborative Divorce?

The term collaborative divorce refers to the process of resolving your differences together rather than fighting things out in court. It involves negotiation (and sometimes mediation) so that both parties can walk away from the marriage knowing that they’ve solved the issues on their own, without forcing a judge to make decisions for them.

Collaborative divorce isn’t the right answer for everyone, though. In order for it to work, both spouses need to be willing to participate. Both spouses also have to recognize that divorce is a negotiation process and be willing to set aside their emotions and deal only in facts.

Who Shouldn’t Use Collaborative Divorce?

Typically, a collaborative divorce is not right for marriages that involved physical or emotional abuse, child abuse, or dishonesty about income and assets. It’s not often a good idea for spouses who are alienating children from one (or both) parents, either.

Are There Benefits to Collaborative Divorce?

There are several benefits to collaborative divorce for those who are able to use it. In addition to making things easier on you, your ex, and your kids, a collaborative divorce:

Saves money. You don’t have to pay attorneys to “duke it out” in court over the things you can negotiate yourselves.
Saves time. Litigation (fighting in court) is time-consuming. You have to wait for a space to open up on the court’s calendar, and you have to solve disputes one at a time on the court’s schedule.
Takes place in an informal setting. You aren’t in the courtroom, missing work and using up vacation days, when you’re collaborating on your divorce.
Lets you maintain control over the situation. You’ll have to share that control with your ex, because collaborative divorce does involve give-and-take, but ultimately, the way you solve disputes with your ex is up to you two.
Allows you to negotiate a divorce settlement that works best for your family. When you don’t cooperate with your ex, the judge in your case will have to make final decisions for you—and while judges are fair and impartial, they don’t know what makes your family “tick.” That means a judge’s decisions may not be the best fit for you, your ex, or your kids.

What Happens if You and Your Ex Both Want a Collaborative Divorce?

If you and your ex can agree that a collaborative divorce is best, the first step is talking to a Stockton family law attorney who understands negotiation, mediation, and your desire to make your divorce as easy as possible.

You’ll meet with your lawyer to explain what it is you want from the divorce, and he or she will help you identify where you’re willing to compromise. You and your ex can reach agreements on your own, or you can bring in a professional mediator who can help.

You and your soon-to-be ex-spouse can collaborate to decide:

Child custody and child support
Spousal support
Property division

Ultimately, the best part of collaborating with your ex is that when you do finally go to court (the judge still has to issue a divorce decree that officially dissolves your marriage) you can file an uncontested divorce.

Do You Need to Talk to a Stockton Divorce Lawyer?

If you’re ending your marriage and need to talk to a divorce lawyer in Stockton, we can help. Call us at 209-910-9865 to tell us what’s going on. We’ll evaluate your case and start building a strategy that gets you—and your family—the best possible outcome.

Divorce

What Are the Child Support Laws in California?

April 10, 2017June 8, 2020
by Angie

Child support laws in California are different from those in other states, and the courts use a very specific set of guidelines to determine how much child support will change hands between parents. Typically, when a judge issues a custody order, he or she will also issue a child support order.

For most people, it makes sense to work with a family law attorney in Stockton during divorce. Your lawyer will be able to help you come up with a custody agreement and let you know how much child support you can expect to pay or receive once the judge has issued an order.

What Are the Child Support Laws in California?

California Family Code 4053 governs child support in the state of California. The bottom line is that both parents, regardless of their marital status—whether they were never married, are married, or are divorced—are responsible for contributing to their child’s support. Sometimes one parent can be more responsible for contributing than the other is, but it’s all based on what’s best for the child and how capable each parent is.

The law requires that kids share the same standard of living that both their parents enjoy.

What the Law Presumes About a Child’s Standard of Living

Child support can be used to improve a parent’s standard of living because by extension, the child’s standard of living would also improve. What that means is that a parent can use child support to pay rent and bills because the child also benefits from those things; it also means that child support can be used to reduce the financial gap between each parent.

If the custodial parent makes $1,000 per month and can only afford a one-bedroom apartment, but the non-custodial parent makes $5,000 per month, child support payments can be used to shrink that gap.

Child Support Laws in California: How Support is Calculated

The courts can only issue a child support order after they’ve applied the state’s guidelines. The calculation includes:

The number of children involved in the case
The custody arrangement (where the children live most of the time)
Each parent’s tax liabilities
Whether one or both parents supports a child from a previous relationship
How much the children’s healthcare costs
Whether parents have mandatory retirement contributions or other job-related expenses
Other relevant costs, such as day care, education, and travel

Special Circumstances

There are some special circumstances that can make the standard amount of child support unfair when the court follows the guidelines. In those cases, the courts can make the appropriate adjustments. Parents can also agree to pay more, or, in very rare cases, to pay less.

For example, if one child lives with one parent and another child lives with the other, the child support guidelines need to be modified so the court can determine a fair amount of support. Another example may be if one parent’s housing costs far more than the other’s does while the parents share equal parenting time, or if a child has special medical needs that require more resources.

Do You Need to Talk to a Lawyer About Child Support Laws in California?

As experienced, knowledgeable Stockton family law attorneys, we can help you during this difficult time.

Call us at 209-910-9865 to let us know what you need. We’ll give you case-specific legal advice that you can use to begin moving forward.

Divorce

Contested vs. Uncontested Divorce in California

February 6, 2017March 23, 2020
by Anna Maples

Contested vs. Uncontested Divorce in California

California is a no-fault divorce state, which means that neither spouse has to prove that there was any misconduct on the part of the other. The only requirement for a no-fault divorce is that the couple state that they cannot get along. This is referred to in the courts as “irreconcilable differences.”

However, just because the divorce is based on irreconcilable differences doesn’t necessarily mean that the divorcing couple disagrees on how to divide the assets. When a couple can agree on how to divide all of their assets, the divorce is considered an “uncontested” divorce. When they disagree on any part of the division of assets, then the divorce is considered a “contested” divorce. However, the level and type of disagreement in a contested divorce can range from minor disagreements in a few areas to disagreement in every area. Each type of divorce presents different considerations and even couples who fully agree on most things might not be suited for an uncontested divorce. Likewise, couples who disagree on everything may still be candidates for an uncontested divorce.

Uncontested Divorce

In an uncontested divorce, the couple usually agrees on how to divide their marital property and provide for their children. An amicable and uncontested divorce is generally the simplest, easiest, and most cost effective form of divorce available. However, it’s important to keep in mind that divorce proceedings can be complex legal issues in even the most uncomplicated of marriages. An uncontested divorce settlement involves a lot of intricate components including the income of the couple, the source of that income, whether children are involved, the length of the marriage, and whether there is any animosity between the couple. Even if you and your spouse can agree on everything, an uncontested divorce may still not be in your best interest.

Who is a Good Candidate for an Uncontested Divorce?

Couples with little to no assets and no children;
Couples who agree on how to divide their assets, who will have physical custody of the children, who will have legal custody of the children, and how much, if any, child and/or spousal support should be provided.

Who is Not a Good Candidate for an Uncontested Divorce?

Marriages with physical or emotional abuse;
Marriages where child abuse is/was present;
When one spouse is, or is suspected of, hiding income and/or assets;
When one or both spouses are engaged in attempting to alienate the affections of the children;

In marriages with these types of issues, there is a very real possibility that the offending spouse may try to manipulate the other into an agreement that is more beneficial to them and it is not uncommon for the victim spouse to agree to an arrangement just to get out of the situation. While getting out of a bad situation is important, it is also important that you are legally protected when you do so. In these types of cases, it is extremely important that you have a neutral party available to give you sound legal advice and ensure that your interests are fully protected.

How Long Does an Uncontested Divorce Take in California?

How long does it take to get a divorce in California if both parties agree? Typically, it takes about 6 months. There’s a 6-month waiting period for anyone, whether the divorce is uncontested or contested, so you can’t get divorced any sooner than that.

Can I Get a Divorce in One Day?

You can’t get a divorce in one day in California. Once you’ve been through the mandatory 6-month waiting period, it’s possible that a judge could grant your divorce the next day – but even that could only happen if you and your spouse have an uncontested divorce and you agree on everything.

There is one small catch: If you and your spouse haven’t settled all the issues in your divorce but want to be divorced as quickly as possible, you can ask the court for a bifurcated divorce. That means the judge grants your divorce but lets you continue to work on some of the issues after the fact. This is the only way to expedite divorce in California.

How Do I File an Uncontested Divorce in California?

For most people, even if a divorce is uncontested, it’s a good idea to work with an attorney. The paperwork can be complicated, and if you end up having to go to court, you may want an experienced lawyer in your corner. However, if you choose to file an uncontested divorce in California on your own, you’ll have to:

Fill out the appropriate court forms
Make at least two copies of everything
Have your forms reviewed, if you’d like, by an attorney
File your forms with the right court clerk
Serve your papers on your soon-to-be ex-spouse
File a Proof of Service

Because the steps can also be confusing – and because you may want to ensure that your spouse isn’t trying to take advantage of you – you may want to consult with a lawyer about your options before you file.

Do I Need a Lawyer for an Uncontested Divorce?

Not necessarily. However, a divorce, under even the best of circumstances, can be difficult and complicated. Spouses who agree on most things may find a few issues that are sticking points or may find that as the process continues, the lines of communication begin to shut down. In addition, there may be areas in your divorce that need to be addressed that neither you nor your spouse had considered. Hiring an attorney can help you resolve issues that you are having a difficult time agreeing on and also bring your attention to areas about the division of assets and child and spousal support that you may not be aware of.

What if I Can’t Afford to Hire an Attorney?

If you can’t afford to hire an attorney, you can proceed pro se. A pro se divorce is a divorce that is initiated without the aid and advice of an attorney. This method is best suited for couples who have reached an agreement regarding all of the terms of their divorce. However, proceeding pro se is not recommended for couples who can’t come to an agreement as to how to divide their assets.

Additionally, proceeding pro se is not recommended for people who have experienced domestic violence or psychological harassment during their marriage. There is the very real possibility that the unequal dynamics of the marriage will reemerge in the divorce process, which could put one partner at a disadvantage in the divorce settlement. If you have suffered abuse during your relationship, it is in your best interest to seek legal advice from a qualified individual.

If you are short on funds, but need legal counsel, many attorneys offer limited scope representation. Limited scope representation allows you to hire an attorney to help you with just the areas where you need assistance rather than the entire divorce proceeding.

Can You File for Divorce Online in California?

You or your attorney must file physical paperwork in court. There’s no way to file online (although your attorney can send you paperwork through email).

Contested Divorce

A heavily contested divorce is the most difficult type of divorce. The relations between spouses can and do get volatile and disagreements can be compounded, extending the length of time the divorce proceeding lasts. Areas of disagreement can range from full disagreement on everything to minimal disagreement on some things. The more the couple disagrees, the more difficult it can be to come to an agreement about how to distribute the marital property and child rearing duties. In these types of divorces, it is imperative that you have a knowledgeable attorney available to ensure that your divorce settlement is fair and accurately represents your wishes.

Areas to Consider Before Deciding Which Type of Divorce is Right for You

Some of the major issues you and your spouse need to consider prior to initiating the divorce proceedings are:

Here’s a closer look at each.

Child Custody

California law favors joint physical and legal custody of children. (Physical custody concerns where the child will live while legal custody concerns who will make basic legal decisions for the child regarding the child’s healthcare, schooling, and other day to day activities.) How you and your spouse decide to divide your children’s time and expenses is generally up to you, the division does not have to be 50/50. However, the arrangement should be made in such a way that it preserves the child’s relationship both of his or her parents.

Some things to keep in mind when determining custody arrangements include:

The best method and arrangement to maintain the child’s relationship with each parent;
Each parent’s work schedule;
How to divide holiday schedules, birthdays and school vacations;
The physical and mental needs of the child;

Child Support

California courts determine how much child support needs to be paid according to specific guidelines. As a general rule, California bases child support payments on:

Amount of time spent with the child
The amount of money the parents earn
The number of children,
The tax filing status of each parent,
Health insurance expenses,
Daycare and uninsured health-care costs.
Any special needs of the children.

The guidelines present the minimum amount of basic care that parents must pay. However, parents may choose to pay an amount higher than that suggested by the court.

If you are interested in the finding out how much child support is recommended in your case, you can use the California Guideline Child Support Calculator.

Division of Assets

California is a community property state. In a community property state, all assets that a couple earns during the marriage, that are not considered separate property, are to be divided equally.

Assets you should consider are:

Any real estate you and your spouse own together;
Any real estate that was purchased in one spouse’s name using money from the marriage (this includes using any money earned through work that was done during the marriage);
Any income from an employer, including any benefits the employer offers (401(k)s, pensions, other perks that are part of an incentive package);
Income from self-employment;
Any stocks, bonds or other investments;
Any personal property, such as cars, jewelry, art objects;
Any retirement accounts or investment accounts;
Money earned from gambling, the lottery or other similar activities.

What exactly constitutes marital property and what constitutes separate property can be extremely difficult to determine. In many cases, property that was held by one spouse only may still be community property depending on how and when it was purchased. This is true even for property you are unaware of. If you and your spouse have a lot of assets, then it is in your best interest to seek legal advice prior to entering into any divorce agreements.

Division of Debts

Just like assets, all debts incurred during the marriage are considered community property. This means that both parties are responsible for repaying the debt. This includes mortgages, credit cards, student loans, car loans, etc. Even debt that your spouse incurred without your knowledge may be considered community property and you may be equally liable.

Do You Need to Talk to an Attorney About Contested vs. Uncontested Divorce in California?

Call us at 209-395-1605 for a consultation now. We’ll answer your questions and start building a strategy that gets you the best possible outcome.