california divorce laws

Before you file for divorce in California, decide how you want to file. Filing without an attorney is cost-effective if your case is simple and you and your spouse don’t share children. However, if your case is more complicated or involves children, it may be beneficial to seek legal counsel. 

California Divorce Laws

Everything You Need to Know About Disability and Divorce

Divorces tend to be messy and confusing. They are seldom straightforward. Aside from the emotional toll a divorce can take on the parties involved, it can also take a heavy financial toll. If one or both of the parties involved in a divorce have a disability and are receiving any kind of disability pay from the government, this can further complicate the process and may become a major source of contention. 

Divorce Settlement Statute of Limitations

There is a time limit for dealing with things arising from a divorce agreement, which is known as the "divorce settlement statute of limitations." Different states have different rules. These limits are pretty important in the U.S., where about 40-50% of marriages end in divorce. 

What Is Considered Grounds for Divorce?

Many folks go through divorces in the United States; you’re not alone if you are considering filing for divorce. Generally, couples do not have to prove any specific grounds for divorce. In states where at-fault divorces exist legally, establishing grounds for divorce may help one of the people in the couple continue their lives and provide them with much-needed resources after the dissolution of marriage. In these cases, your divorce attorney may be able to use one of the following reasons to argue an at-fault divorce in your case.

divorce mediation

Divorce mediation is an option that allows couples to amicably settle their differences, divide their assets, and determine child custody without going to trial. This process is often faster, cheaper, and more convenient than going to court.

If you’re considering using a mediator, you should know what to expect in advance to ensure the process goes as smoothly as possible.


Everything You Need to Know About Divorce Mediation

domestic violence and divorce

Spousal abuse is a specific type of domestic violence that occurs within a marriage. Divorcing an abusive spouse raises unique concerns and considerations in the divorce process. If you're concerned about leaving an abusive partner, learn ways to keep you and your family safe in the process with this article.

Divorce, Separation, and Custody: How Domestic Violence Affects Your Case

collaborative divorce

Getting a divorce is notoriously challenging and often shown as a contentious and devastating process. However, a Collaborative Divorce seeks to reshape the narrative around separating where both parties aim to separate as peacefully as possible.

How Does Collaborative Divorce Work?

How Is a Legal Separation Different Than a Divorce?

The difference between divorce and legal separation is divorce terminates the marriage legally, while a separation does not. Your marital status remains, regardless of if you are physically separated. Legal separation indicates that you and your partner are no longer living together but have come to a written agreement stating the terms of the separation through a document called a separation agreement. 

What Is a Limited Divorce?

One arrangement that suits the needs of many separating couples is known as the “limited divorce.” While a limited divorce may not work for everyone, there are many real benefits to this form of spousal separation. Like other divorce proceedings, however, it is in the best interests of both spouses to seek legal advice before agreeing to specific terms and stipulations.

Lawyer talking with clients

According to the legal website Nolo, the average total cost of legal fees in 2019 was $11,300. In this guide, we dive into the factors that can make a divorce cost more or less.


How Much Does A Divorce Cost? Estimates + Expenses for 2023

What Happens to 401Ks in a Divorce?

If you are considering a divorce from your spouse, you should definitely speak with a qualified divorce lawyer. They will be able to help you understand your rights when it comes to the division of your most valuable assets, including your 401(k).

4QuestionsDivorce Hero

Divorces are never easy and can get messy. You should make every effort to avoid this unfortunate event, which occurs for 40 to 50 percent of U.S. marriages...

Four Questions You Must Ask Before Filing for Divorce

Do Both Parties Need an Attorney for a Divorce?

While the choice of hiring a divorce attorney is a personal one, there are many general benefits to hiring legal representation for divorce before proceedings begin. Most individuals recognize the benefit of having a qualified attorney review their agreement. However, as the following examples will demonstrate, there are still a few common questions asked by those undergoing divorce proceedings regarding legal representation. 

How To Tell if Your Spouse Filed for Divorce

If you and your spouse have been separated for a period of time with no contact, you may be unsure of the legal status of your marriage. The following information can help you determine if your spouse has officially filed for divorce, giving you sufficient information and foresight to prepare.

Family Lawyer

Follow these steps to find and hire a divorce attorney who will protect your interests, including finances, assets and custody. 

8 Steps To Hire A Divorce Attorney

How many marriages end in divorce?

The United States has the sixth highest divorce rate, with 40% to 50% of married couples filing for divorce. Or, to put it another way, in the average time it takes a couple to recite their vows, two minutes, three couples have divorced. Learn more about divorce statistics in the United States in this article.

How Many Marriages End in Divorce?

Do I Need a Divorce Lawyer to serve divorce papers?

Whether you are the petitioner or the respondent, having a thorough understanding of the divorce papers and the resulting process can help ensure that your experience is as smooth and manageable as possible.

Divorce Papers | Do I Need a Lawyer?

DivorceChildCustody Hero

Today, more than 23 million American children live in a single-parent household.1 If you are going through a divorce and have children younger than 18...

Divorce and Child Custody: Everything You Need to Know

The non-emergency contact number for the Santa Clara Police Department is 408-615-5580.

You can obtain a copy of police reports for incidents related to your case by sending a request to the Records Unit of the Santa Clara Police Department at 201 West Mission Street, San Jose, CA 95110.

It depends on your circumstances if you can keep your marital house following your divorce in Santa Clara. California is a community property state, which means that all assets accumulated during your marriage with your spouse belong to you equally. It is advisable to consult with a lawyer on how to best handle your case, especially if you want to stay in your house.

Court-ordered child support agreements in Santa Clara following a divorce take into account different variables, including the children's interests, both parents' income and level of care for the children, and the children's present standard of living. The sum is then calculated based on the parents' total net disposal income, which can exceed $10,000 in some cases.

While the final decision is yours, there are several benefits to hiring an attorney for your divorce in Santa Clara. A lawyer can assist you in filing the necessary forms for your divorce, preparing you for mediation, assisting with asset and debt division, and representing you in court. They can also help you with child support and custody issues.

In Santa Clara, there are two grounds used for divorce. The most common one is irreconcilable differences, which implies you and your spouse have fundamental disagreements that make marriage untenable. Another defense is incurable insanity, but the bar of proof is quite high. It's also worth noting that California is a no-fault divorce state, which means that spouses don't have to establish fault to receive a divorce.

A court decides on pet custody during a divorce in Santa Clara, according to Family Code Section 2605. They have the authority to assign single or shared ownership depending on the best interests of the pet and other circumstances. These include who feeds, exercises, and takes the pet to veterinarian appointments and who is the registered owner.

The steps required to file for divorce depend heavily on whether the divorce is contested, if there are minor children or property issues at stake, and if there are disagreements over child support or alimony. The process may also differ from state to state, but generally parties must:
<ul>
<li>File the divorce petition</li>
<li>Hire a process server to give the other party divorce papers/respond to the original petitioner's filing</li>
<li>Request temporary orders covering issues such as custody/visitation, support, and exclusive property use</li>
<li>Make financial disclosures</li>
<li>Request discovery from your spouse</li>
<li>Propose and/or consider a possible settlement</li>
<li>Go to trial if necessary</li>
<li>Receive a signed judgment from the court indicating the divorce is final</li>
<li>Address post-divorce tasks such as transferring property titles and closing joint bank accounts</li>
</ul>

The cost of a divorce differs dramatically based on a litany of criteria, such as whether the divorce is contested, where the divorce petition is filed, and whether the divorce requires a professional intermediary or other legal expert. A simple, low-frills DIY divorce can be as little as a few hundred dollars. Add in mediation and the cost may jump to the mid-four figures and can easily reach $7,000 or more. Hire a lawyer and you may pay anywhere from $10,000 to $100,000+ if there are major custodial issue or complex financial concerns.

Most divorce lawyers charge by the hour and billing can vary dramatically. Some attorneys in more affordable markets and/or with less experience may charge as little as $75/hour. More experienced attorney or those who have large staffs, specialize in complex cases, or hold relevant certifications may charge premium rates in excess of $400/hour. Then there are the amount of hours invested; simple cases may be over in a matter of weeks while hotly contested divorces can drag on for years leading to lawyer's fees in the tens of thousands.

Divorce lawyers are not one-size-fits-all. It's important to find a lawyer whose skill set, experience, and resources align with the demands of each specific situation. For instance, some attorneys will push mediation while others are naturals in the courtroom.
<ul>
<li>Know your budget</li>
<li>Limit your search to lawyers experienced in family law</li>
<li>Zero in on lawyers or firms that can handle the complexities of divorce, especially any issues that may be specific to the current case</li>
<li>Read reviews and ask friends for recommendations, but remember that their situations and needs may not be the same</li>
<li>Conduct interviews to see who feels trustworthy and can spell out an approach that feels appropriate</li>
<li>Try to ignore ad campaigns and office décor and instead consider track record and skills</li>
</ul>

An uncontested divorce is one in which both parties agree on the major issues, such as custody of any minor children, child support, alimony, and how to divide any assets and/or debt. While uncontested divorces still require a judge to approve the terms of the divorcing couple's signed agreement, these relatively simple splits tend to move faster, cost less money, and are easier to execute without the help of a divorce lawyer. A divorce filing that goes unanswered by the non-petitioning party may also be considered uncontested.

It's possible to file for divorce without a lawyer, especially if the divorce is uncontested. Many states offer free divorce forms either online or at legal self-help centers located in or near family court. There are often dispute resolution resources available as well; mediation services can help iron out disputes over custody or financial support without involving lawyers. Still, a free consultation with a divorce lawyer can offer valuable insight, and contentious divorces, whether they go to trial or not, all but require legal representation.

The length of a divorce is contingent on four things: each state's mandatory waiting period, whether the divorce is uncontested or contested, how quickly both sides can come to an agreement, and how quickly a judge is able to hear or review the case and sign off. The best-case scenario is an uncontested divorce in a state with a short waiting period which could see a divorce finalized in a matter of weeks. For divorces with highly combative parties, long discovery periods, and other complications, a decision could take months or even years.

It's difficult to ever feel truly prepared for the rigors of divorce, but there are several steps that can make the process more bearable and allow for a more positive outcome:
<ul>
<li>Interview attorneys</li>
<li>Locate and make copies of important documents like mortgage and car titles, insurance policies, business licenses, financial records, bank statements, and income tax returns</li>
<li>Take inventory of valuable household items that should be considered later while splitting assets</li>
<li>Make a detailed list of monthly expenses, including utilities, rent or mortgage, childcare, kids' activities like sports or dance classes, school tuition, and insurance</li>
<li>Know what the respondent's income is, including any income from self-employment, stock dividends, and interest</li>
<li>Double-check credit history and evaluate both short- and long-term earning potential</li>
<li>Set goals for ideal custody arrangement, support amounts, and living arrangements</li>
<li>Get support from friends and family</li>
</ul>

Most courts follow state laws that consider an engagement ring to be the recipient's property once a wedding takes place, which means it remains that recipient's individual property even after a divorce. Other states categorize engagement rings as marital property and as such the ring is subject to the same division of assets as a house or art collection might be. For spouses who get to keep their jewelry, engagement rings can be sold, dismantled and repurposed, returned to the original buyer, or kept and handed down to any children the marriage may have produced.

When divorces get heated or even just have the potential to become messy, a neutral third party can help calm both parties and resolve issues without the need for a trial. This is called mediation. A great mediator is unbiased and invested in a balanced, fair outcome; they will ideally listen to both parties, encourage respectful discussions, and raise questions or concerns when appropriate. Once an agreement is reached, the mediator will prepare documents detailing the agreed-upon terms. Using a mediator only works if both sides are willing to meet and discuss a compromise, but doing so can save a considerable amount of time, money, emotional strain, and overall stress.