Principales Razones Para El Divorcio En California (2023)

Top Reasons for Divorce in California (2023)

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California is no stranger to divorce. According to a recent analysis, nearly 1 in 3 marriages in the state end in divorce. In recent years, the number of divorces in California has increased for several reasons.

So, let’s examine the most common causes of divorce in California in 2023. From financial pressure to emotional stress, we’ll cover the top contributors that lead to divorce in the state.

Understanding the divorce process in California

Understanding the divorce procedure in California could help reduce some of the anxiety associated with the process. The Family Court system is primarily used to resolve divorces in the state of California.

Divorce proceedings begin with the filing of a divorce petition, which sets forth the grounds for divorce and requests custody of minor children, alimony, and equitable distribution of marital property.

The next step is for both parties to exchange financial information and participate in mediation in an effort to establish a compromise. If an agreement cannot be reached, the matter may go to trial. If you want to preserve your rights and interests throughout the divorce process, you should speak with a family law attorney.

Factors that lead couples in California to separate

The state of California has a notoriously high divorce rate and there are several common causes of divorce there. Divorce is often attributed to a combination of strained communication, lack of closeness, and gradual distancing. Infidelity and financial stress can also play a key role in marital failure.

Factors such as unrealistic expectations, unresolved disputes, and incompatibility of goals can play a role. Keep in mind that every divorce has its own set of specific challenges. Knowing the most common causes of divorce can help couples resolve their problems before they reach breaking point.

Infidelity and its impact on California divorces

Marriages in California can be seriously damaged by infidelity. One’s trust can be shattered and their feelings seriously hurt when they discover that their lover has been unfaithful. Many courts may consider adultery a crime serious enough to justify divorce.

It is not uncommon for betrayal to cause irreparable damage to a marriage. It can cause difficult to shake feelings of betrayal, anger and resentment. Research shows that infidelity is one of the leading causes of divorce in California, despite the importance of trust and loyalty.

Financial problems leading to divorce in California

One of the main reasons couples in California decide to separate is because of money problems. Marriages can be seriously affected by financial difficulties, which can lead to tension, arguments and discontent. Financial problems, such as excessive debt or inconsistent spending habits, can create a stressful and unpleasant atmosphere.

Incompatible financial priorities, lack of trust, and lack of communication can contribute to the demise of a relationship. Money problems can be avoided as a major cause of friction in a relationship by seeking financial advice and talking openly about money.

Irreconcilable differences: a major reason for divorce in California

In California, irreconcilable differences are a common cause of divorce. The phrase “marital dispute” is used when a couple has serious arguments but cannot find a solution to their problems.

Values, lifestyles, and long-term goals are potential sources of discord. When spouses cannot see eye to eye and disagree, the distance between them can lead to animosity, frustration, and eventually divorce.

Although every divorce is different, it is usually due to irreconcilable disagreements between spouses. It highlights the value of open lines of communication and mutual accommodation in maintaining peace in a partnership.

Child Custody Battles in California Divorces

For all concerned, child custody disputes in California divorces can be a difficult and stressful experience. Child custody disputes are often contentious and time-consuming to resolve in court.

During these conflicts, it may be relevant to consider the best interests of the child, the parents’ ability to create a stable home, and any history of abuse or neglect.

Parents must put their children’s needs first and find a solution that is best for their children. It may be advantageous to seek legal advice and professional assistance when addressing this delicate part of a divorce in California.

Top Reasons for Divorce in California (2023)

1. Financial Stress: – One of the main reasons for divorce in California in 2023 is financial stress. Financial management can be a source of stress in relationships due to the rising cost of living and financial problems. This could lead to misunderstandings, hurt feelings, and a loss of trust. Different financial goals, incompatible spending styles, and other sources of financial stress can have a devastating effect on a couple’s relationship.

2. Lack of Communication: Lack of communication continues to be one of the leading causes of divorce in California. Misunderstandings and animosity can fester over time when partners do not express their wants, needs, and concerns to each other. Because of this, couples may distance themselves from each other and break up their relationship.

3. Infidelity: – The most common cause of divorce in California is extramarital affairs. Infidelity destroys trust, which is crucial to a good relationship, and can take years to recover. Infidelity emotionally damages a relationship, making it difficult to repair.

4. Irreconcilable differences: – Irresolvable conflicts can put pressure on marriages and ultimately lead to divorce. Values, ways of life, and long-term goals may be fundamentally at odds with each other. Relationships can be difficult to maintain when partners are unwilling to compromise and find areas of agreement.

5. Breaking Up: It’s not unusual for couples to break up as they face the challenges of adulthood together. Couples may feel like they are no longer compatible or emotionally bonded if one or both partners go through a major life transition, such as a change in hobbies, employment, or personal development. This feeling of separation could play an important role in your decision to file for divorce.

These top causes of divorce in California in 2023 are a sobering reminder of how difficult it can be for many married people to stay together. Couples who recognize these issues early on, get counseling if necessary, and work to improve their ability to talk to each other and find common ground can save their relationships from the brink of divorce.

Ending!

The number of divorces in California is increasing and there are many different reasons why marriages end. There are numerous obstacles that couples must overcome on the path to a happy and successful relationship, including communication difficulties, adultery, financial tensions, and irreconcilable differences.

Recognizing these typical causes of divorce can help couples resolve their issues and get the support they need to keep their marriage together. Building a lasting relationship requires giving equal weight to honesty, trust and commitment. Keep in mind that getting outside help can be a big problem if you want to figure out how to get through a divorce without destroying yourself or your children.

¿Cuánto tiempo se tarda honestamente en divorciarse en California

How long does it honestly take to get divorced in California?

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Divorce is a difficult process, and the timeline can be complicated. If you are really considering getting a divorce in California, you may be wondering how long it really takes to get divorced in the state. The average time to complete the process varies greatly depending on the individual circumstances of the case.

The divorce process in California

The state of California requires that the petitioner (the spouse initiating the process) first file a summons and petition with the court. This must be done in the county where the petitioner or respondent lives.

After filing the documents, the other spouse must be formally notified of the action. How long this process takes depends on the circumstances of each individual case. Once the defendant receives the notice, he or she has 30 days to respond to the petition.

Both parties must then complete and submit financial disclosure forms, which must be exchanged before they can actually move on to the next step of negotiations. Ultimately, the court will issue an order granting a divorce or legal separation.

The court’s decision may or may not take into account issues such as child custody, child support, spousal support, and property division.

So how long does it take to get a divorce in California?

Divorce in California can take anywhere from six months to two years, depending on a variety of factors. The first and vital step in the process is to file a petition with the court. After this, it may take a while for your spouse to respond.

If your (ex) spouse agrees to the terms of the divorce, the process may be shorter. Conversely, if the spouses cannot agree on the terms of the divorce, it will likely take longer for the court to issue a ruling.

Additionally, if the case involves complex issues, such as child custody and property division, the court will require more time to resolve them. Ultimately, the time it takes to get a divorce in California depends on both parties’ willingness to reach an agreement and the complexity of their case.

Factors Affecting How Long It Takes to Get a Divorce in California

The Factors That Affect The Length Of Time It Takes To Get A Divorce In California

  • Divorce Complexity: The complexity of the divorce process will directly affect your divorce timeline. If your divorce is uncontested, with no division of assets or disputes to be decided, the divorce process can move much faster. On the other hand, if you are in a contentious divorce with property division, custody battles, and other issues that need to be resolved, your divorce timeline may take longer.
  • Agreement between spouses: When two spouses agree on the main points of their divorce, the process can move much faster. It is important to keep in mind that reaching an agreement on all points of the divorce can make the entire process faster and less stressful.
  • Location of court proceedings: Depending on where you file your divorce petition, this may also affect the timeline of your case. If you file your case in a rural county, there may be fewer courts available to hear your case, which could mean a delay in proceedings.
  • Number of documents needed for the case: There are a number of documents that are necessary for a divorce case in California and if these documents are not available, it can cause a delay in the process.
  • Attorney Availability: Finding an experienced attorney who knows California divorce law is key to ensuring your case is handled appropriately and efficiently.

How long do you really have to be separated before divorce in California?

In California, there is no specific period of time that a couple must be separated before they can file for divorce. But the earliest a couple can divorce is 6 months after the other spouse received divorce papers or filed a court response.

Generally speaking, to file for divorce in California, one spouse (you or ex) must have been a resident of the state (of California) for at least 6 months prior to filing.

However, in other cases, a couple may prefer to wait a certain period of time before filing for divorce. This is often known as a “cooling off” period and allows the couple to try to reconcile their differences.

If the couple cannot reconcile, then they can go ahead with the divorce. In California, couples can agree to separate for up to a year before seeking a formal divorce.

However, if the couple does not agree to a period of separation, then the court can make a determination based on its own discretion. The court may consider factors such as the length of the marriage, any history of domestic violence, or any other relevant factors.

Ultimately, it is best for couples considering divorce to speak with an experienced divorce attorney who can provide legal advice and guidance.

In California, what is the fastest way to get a divorce?

In California What Is The Quickest Way To Get A Divorce

In California, the quickest method to get a divorce is to hire an experienced divorce attorney. A knowledgeable attorney can help you navigate the complexity of divorce proceedings in California and strive to resolve any potential disputes quickly and effectively.

An experienced attorney will also know how to draft the necessary documents, file them with the court, and monitor their progress, allowing for a faster resolution of your divorce. Additionally, an experienced divorce attorney will be able to provide valuable information on how to structure a settlement agreement that is fair and beneficial to both parties.

By taking advantage of the experience and guidance of an experienced divorce attorney, you can ensure the quickest resolution of your divorce.

The Benefits of Using an Experienced California Divorce Lawyer

The Benefits Of Using An Experienced Divorce Attorney In California

  1. Experience: An experienced attorney knows the laws surrounding divorce and will be able to give you the best advice on how to proceed with your case. They are also familiar with court procedures, which can save you time and help you get the results you want.
  2. Negotiations: An experienced attorney will be able to negotiate on your behalf to achieve the best possible outcome in your divorce case. They are experienced in negotiating agreements and can help you obtain the most favorable terms for your divorce.
  3. Representation: An experienced attorney will be able to represent you in court and protect your interests during the divorce process. They can help ensure that the process is fair and that your rights are respected.
  4. Objectivity – An experienced attorney will provide an objective point of view during the divorce process, which can be invaluable in helping reach a resolution favorable to both parties.
    Professionalism – An experienced attorney is well-versed in legal matters and can provide professional advice and representation throughout the divorce process. They understand the stress and emotions involved in a divorce and will be able to handle all the details of your case with compassion and discretion.

How much does it really cost to get divorced in California?

The cost of a divorce in California will vary depending on the true complexity of the case, attorney fees, and court filing fees. Generally speaking, divorce applications cost between $300 and $500, with additional costs to serve divorce papers and any additional paperwork needed to complete the process.

Attorney fees vary depending on the attorney and type of case, but typically range from a few hundred to thousands of dollars. It is also crucial to note that each party may be responsible for their own attorney’s fees. Ultimately, the cost of a divorce in California depends on the actual complexity of the case, attorney fees, and filing fees.

Ending

Divorce can be a complicated and emotionally draining process, but it doesn’t have to be. Knowing what to expect from the process and understanding the factors that will affect your divorce timeline can help you ensure that it is carried out as efficiently as possible.

While there is no single answer to how long it really takes to get divorced in California, with the right preparation and an experienced attorney on your side, you can really ensure that you have the best chance of navigating the process quickly and smoothly.

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California divorce process step by step

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Marriage is the union of two people and is often described as an intimate legal relationship between two people in which both enjoy certain rights and have specific responsibilities towards each other. Couples seeking to end their marriage must file for divorce in their county and follow the process to legally dissolve their marriage.

That divorce is a complex process is well known to everyone. It can also take a long time if you and your spouse do not reach similar agreements.

In this guide, we will talk about the divorce process in California so you know what to expect next in your divorce case.

Divorce in California

Divorce is considered legally binding when the court legally ends the marriage and you are considered single in the eyes of the law. But that’s just the tip of the iceberg.

Divorce cases are mainly accompanied by issues such as property division and alimony. If children are involved, things can get even more complicated.

The steps for divorce vary from state to state. For example, California is a “no-fault state,” meaning couples do not need to cite a reason to legally separate from their spouse. They may cite ‘irreconcilable differences’ or mental incapacity as the main reason for dissolving their marriage. This effectively means that divorce can happen even if the other spouse does not want it. Although all states allow no-fault divorce, some states also allow fault divorce for specific wrongdoing, such as adultery and abuse.

But these steps listed below are some of the most common ones that are generally followed throughout the United States.

Step-by-step guide to divorce in California

Divorce begins when one spouse files a petition with the court requesting legal dissolution of the marriage. California is a no-fault state and does not require you to establish wrongdoing on the part of your spouse. You can simply go ahead and file a petition.

Step 1. Filing for divorce

The first step, often the most crucial step, is to file for divorce in the county where you have resided for at least six months prior to filing. If you do not qualify, you will have to wait the remaining term to be eligible.

Filing for divorce essentially begins the divorce process. This means submitting all required documentation, including the details of your case. The applicant spouse must clearly mention the name and contact information of you and your spouse, whether you have children, grounds for divorce, and other details about property division, child custody, alimony, and spousal support.

You can file this paperwork yourself along with the applicable legal fee, although it is highly recommended that a family law attorney complete and file this paperwork for you.

Step 2. Notification to your Spouse

Serving your spouse is the next step in the process. The court will ask you to present evidence that you served your spouse with divorce papers or attempted to do so.

The latter may arise if you don’t know your spouse’s current location. In such a case, you can ask the court to publish the documents in a local newspaper so that they can come to your spouse’s attention. However, you should take all necessary steps to ensure that your spouse receives the divorce notice.

You can hire a process server to serve the notice if you know your spouse’s whereabouts.

Step 3. Response to the Notice

Once you have notified your spouse (or made every reasonable effort to do so), you have a set period of time within which your spouse must file a response with the court.

Your spouse may agree with the divorce points or refute them in their response. Your spouse also has the right to file a counterclaim in the answer and present new facts to the court regarding your allegations.

If your spouse does not file an answer by the due date, the court will grant you a divorce according to the terms of the petition. If you have children, the court may take time to determine your best interests before legally dissolving the marriage.

Step 4. Temporary Hearing

A temporary hearing occurs when you need the court to address specific issues before the date of divorce proceedings. Basically, these hearings are aimed at providing a quick solution to specific situations such as:

Create a temporary child custody agreement if children are involved;
Create an interim order for the amount of alimony and child support, if requested;
Restraining or protective orders in cases of domestic violence; and
Restraining orders on property jointly owned by the parties.

Temporary hearings are usually requested when there is a long waiting period between the filing of the petition and the date of the divorce hearing. Both parties must be present during the temporary hearing.

Step 5. Discovery and Preparation

One of the most critical steps in the entire process is preparing your case. The way you prepare for your divorce trial will make and break the case in your favor.

It is highly recommended to have an attorney present for discovery and preparation. This stage involves gathering evidence from both parties. Your attorney can subpoena documents not disclosed by your spouse, conduct depositions to gather testimony, and meet in person with opposing counsel to gather all the information about your case or try to resolve the dispute out of court.

Step 6. Test

The trial is the penultimate step of the divorce process, although there will most likely be several hearings before the order is approved. If you and your spouse have chosen to negotiate the terms yourself, the judge will sign it to make the agreement legally binding. In the absence of an agreement, the judge will decide on child custody, division of assets and alimony arrangements.

You and your spouse may also choose to use a court-appointed mediator to help facilitate a settlement regarding the issues of the divorce. Mediation and negotiation agreements are called uncontested divorce and are the most viable solution to ending the marriage amicably with your spouse. An out-of-court settlement will also help you save time and money without any negative emotional stress on your family.

In the event of a full trial, both sides argue their case and present evidence and witness testimony to support their claim. The judge will ultimately decide according to the facts and the law and approve an order detailing everything from child custody to support arrangements.

You need a divorce lawyer by your side

The law allows you to represent yourself during a divorce hearing, but it is best to consult with an experienced divorce attorney to navigate the steps of divorce. Having a legal expert at your side ensures that your rights are protected at the end of the day.

Dolores López is an experienced divorce attorney who can guide you every step of the way, help you properly file paperwork, gather evidence from your spouse, negotiate on your behalf, and represent you at trial to protect your interests.

Maximize your chances of a favorable outcome with Dolores López and her team of divorce attorneys, who can help you through the divorce process.

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How much does a divorce lawyer cost in California? (2023)

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California is among the states with the lowest rate of divorce filings per year. Although that is an achievement in itself, there are still thousands of applications submitted each year. Overall, almost 6.5% of marriages end in divorce within a year. And this billion-dollar legal industry shows no signs of slowing down.

But what are the factors that affect divorce in California? And how much do you need to pay your lawyer to help you with your divorce?

Let’s take a detailed look at attorney fees and other factors that influence the cost of divorce and attorney fees in California in 2023.

Divorce cost in California in 2023

There is a common misconception that the cost of divorce only includes attorney fees. This is simply not the case.

Regardless of whether you hire a divorce lawyer or not, you still need to pay court and procedural fees which include:

  1. Legal costs
  • petition filing fee;
  • Courtroom fee;
  • Divorce forms; and
  • Process servers, or cost of serving divorce documents.

These are the basic expenses that people seeking divorce must cover. There are also additional costs involved, depending on the nature and complexity of the case. They are:

  1. Legal services fee

Legal service costs are the expenses you must incur if any of the following apply to your case:

  • Child custody evaluation cost (if children are involved)
  • Business valuation rate (if companies are involved)
  • Real estate appraiser fee (if real estate is involved)
  • Mediation costs
  • Expert’s fee
  • Tax advice fee

These expenses are paid to third-party experts or witnesses who provide their services to corroborate your case or evaluate the economic aspect between the couple.

But the costs don’t necessarily end there. You should also consider the soft costs associated with divorce, which have nothing to do with the legal proceedings.

Any relocation or change of residence by one spouse, altered insurance costs, therapy costs, and setting up a new home can also add to your total divorce cost.

All of these additional costs can severely affect any individual. If children are involved, the cost of parental time and visitation rights is also significantly high.

  1. Additional costs

Divorce cases are not separate matters. They are often accompanied by other problems for which you have to pay. These additional problems cause a sharp increase in the total cost of divorce. These additional costs include the following:

  • Spousal support

Spousal support or alimony is the legally binding amount of support that one spouse must pay to the other. The amount of spousal support is outlined in the divorce decree and is legally binding and enforceable.

Alimony can make divorce a costly affair for you. It is better for you and your spouse to come to an agreement on alimony rather than letting the judge decide. When left to the judge, he would consider the spouse’s standard of living income during the marriage, the financial needs of each spouse, and the resources both parties contributed during the marriage to assist each other in education or career.

Along with alimony, child support is another cost that can be quite burdensome for the parent who does not obtain custody of the child. Child support must be included in the final divorce order if the couple has minor children. The amount of alimony must be paid separately from alimony and depends on several factors, such as the spouses’ income, childcare costs, and the child’s educational and healthcare needs.

Assets such as real estate owned jointly by spouses during the marriage can be one of the most complex and controversial issues in divorce. Known as community property, assets owned jointly by a couple are distributed equally in California, which does not necessarily involve a 50-50 split between the parties.

As with spousal support, spouses can reach a property division agreement on their own without court intervention. In the absence of a settlement agreement between the parties, the judge must decide the matter under California law.

How much does it cost to hire a divorce lawyer in California in 2023?

On average, the cost of hiring a divorce attorney can range between $12,000 and $16,000, depending on the nuances of the case. The court fee may be one third of the aforementioned amount for divorces by mutual agreement in which the parties agree.

It is recommended to hire a divorce attorney, especially if it is an uncontested divorce. Attorney fees are the most significant expense you will incur during a divorce.

Most law firms adopt a billing system where their fees are charged by the hour. Some law firms may also have a flat fee if the divorce is relatively uncontested. Another alternative arrangement for attorneys’ fees has evolved in recent years, known as an alternative fee arrangement (AFA). It is a value-based presentation where the lawyer can choose the payment option and negotiate with the client about the same.

It should also be noted here that the legal fee, whether charged hourly, as a flat fee or as an alternative arrangement, varies greatly from one law firm to another. A large, reputable law firm with experienced divorce attorneys would charge more than a smaller law firm with lesser status or junior attorneys.

In addition to the legal fees charged by the lawyer, there are additional costs of hiring a law firm, which are mentioned below:

  • Consultation price
  • Retention rate
  • Copy and postage fee
  • Travel expenses (if applicable)
  • Fee for expert opinion or appraisal (not applicable).

How can you reduce the cost of your divorce?

Contrary to the popular belief that going without a lawyer is the only way to save costs, there are a number of arrangements in which you can mitigate the legal expenses of divorce even by having a lawyer by your side.

  • Alternative dispute resolution

Alternative dispute resolution mechanisms such as mediation and collaborative divorce can significantly reduce a couple’s expenses. In mediation, a mediator is appointed to help the parties reach a mutually beneficial agreement and agree on the details of their divorce, such as child custody and a parenting plan. Under collaborative divorce, the parties avoid trial by resolving the matter outside of court with the help of their attorneys. These dispute resolution forms cost much less than a full-blown contested divorce involving litigation.

  • Limited scope representation

Under limited scope representation, parties save money on legal fees while performing simpler legal tasks that do not require expertise themselves. This reduces the amount of work a lawyer must do, thus decreasing legal fees.

  • Pro Bono Representation

A pro bono program is reduced-cost legal assistance where the law firm or attorney charges a modest amount in order to help low-income groups or disadvantaged people who cannot afford their legal fees.

You can find resources and ways to get low-cost legal help on the California Courts Self-Help Guide website here.

Conclusion

Are you looking for a California divorce lawyer to help you during this crucial stage of your life?

Dolores López is an experienced divorce attorney serving separated families in California with all aspects of family law. We offer a free initial evaluation of your case and will work to create the best possible fee agreement for you.

Contact us today for expert assistance and a stress-free divorce.

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Legal Separation v/s Divorce

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There are times when the unexpected happens in life. One such period is when a married couple decides to end their relationship because it has not worked out as they both expected. During these times, we have to choose to move forward and leave some precious things behind or stay in the unfavorable or stressful present.

In California, when two spouses decide to withdraw from their marital life, they ultimately have two options: divorce or legal separation. While divorce is the permanent dissolution of your marriage, legal separation means that both spouses live separately but can reunite any time they wish as a married couple. Both are pretty much the same nature, except for the finality and permanence of the decision.

Under divorce, your marriage will be permanently annulled, conferring single status on you and your spouse. Under legal separation, the couple lives apart, but their marriage remains intact. They are both considered ‘married’ in the eyes of the law and cannot enter into another marriage until they are officially separated, i.e. divorced.

So let’s take a look at these two situations and how they differ in the eyes of the law.

 

What is divorce?

The law defines divorce as the permanent termination of a marital bond between two people. Also known as ‘dissolution of marriage’, spouses are considered single and are allowed to remarry if they wish after the divorce is finalized. Spouses have the option to end their marriage by mutual consent, i.e. mediation, or approach the court, which is called litigation.

 

If the parties opt for mediation, they can amicably resolve all disputes that follow a divorce, such as property division, child custody, child support, alimony, etc. If the parties cannot reach an agreement, they can go to court and ask the judge. to place orders for it.

 

What is legal separation?

California is among the states that allow legal separation, the alternative to divorce. Legal separation allows you to divide the assets and debts you have, along with child support and custody rules and parenting plans. Under legal separation, the married couple can obtain an official order from the judge to allow them to live separately and continue their lives independently. Most of the time, a couple opts for legal separation as a preliminary step to their divorce.

 

However, many couples choose legal separation instead of divorce, as they do not want the permanent effects of divorce to take shape in their lives.

 

Requirements for divorce in California

California has residency requirements to file for divorce. It states that at least one spouse must be a resident of the state of California for at least six months before filing for divorce. Additionally, the same spouse must be a resident of the county in which you filed for divorce for at least the last three months.

 

Residency requirements apply to all married couples seeking to file a divorce in California, with one exception. This exception is for same-sex couples. In the event that you or your spouse do not qualify for these residency requirements, you can file for legal separation and then divorce when the required period of time has passed.

 

If same-sex couples were originally married in California but currently reside in another state that does not allow them to dissolve their marriage, they can still file for divorce in California without meeting residency requirements. However, in this case, certain complications may arise regarding the couple’s assets and debts, as well as custody and support issues. It is recommended to speak with a divorce attorney with experience in this regard.

Requirements for Legal Separation in California

If you file for a legal separation in California, you or your spouse must be legal residents of the state. Additionally, you must also provide a reason for choosing to separate from your partner.

 

As a ‘no-fault’ state, California allows couples to simply cite irreconcilable differences as the reason for separation or divorce. You do not need to prove any wrongdoing by the other party to obtain a divorce or legal separation order.

 

When should you choose divorce?

As we mentioned above, legal separation and divorce have many similarities in procedure; However, its purpose differs. With a divorce, your legal status will change to ‘single’ and you may choose to remarry.

 

Divorce allows you to sever all legal ties with your spouse and give up the financial benefits afforded to married couples. Some people choose legal separation when they are unsure about divorce. They do not want to completely dissolve their marriage and give up the benefits associated with it.

 

Whether you want to divorce or legally separate, it is best to consult with an experienced divorce attorney to learn your options and the best possible way to move forward. Hiring an attorney like Dolores López is the best option for you to get expert help during an emotionally turbulent time.

When should you choose legal separation?

Legal separation is a viable option instead of divorce when you want to live apart from your spouse but are unsure about divorce. It is also useful when you want to divide your assets and finances and define your parental rights without opting for divorce.

 

Apart from the reasons mentioned above, you can also request legal separation from your spouse as a preliminary step to divorce or if your religion or personal views prohibit divorce. Some people also choose legal separation because they want to keep certain benefits of marriage:

 

  • Receive tax benefits
  • Receive government benefits; and
  • Keep the joint health insurance plan active.

 

As with divorce, you should hire a divorce attorney who can review the details of your case and present it before a family court judge.

 

Understand your options

Both divorce and legal separation have their own unique nuances, so it is best that you fully understand them before making a decision. Also, remember that regardless of your choice, it doesn’t have to be a bitter court battle; You can separate or divorce your spouse on amicable terms. A divorce lawyer can help you in this regard.

 

If you have further questions or queries or would like to understand the legal processes of probate or divorce, Dolores López is here to help you. He has a deep understanding of California family law and a deep understanding of how the courts operate. Rely on our compassionate and qualified assistance to help you navigate these difficult times.

 

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How to get custody of a child

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As parents, we all want the best for our children and our family. California courts also consider the best interests of the child before granting a custody order.

However, things could get complicated if you find yourself in the middle of a child custody case facing a California court case. Because to the court, your child’s best interest may not be as simple as awarding custody to a specific parent. As a general rule, courts favor equal time sharing between parents. But divorce is a complicated and hotly contested dispute, and the circumstances vary significantly from case to case.

If the courts determine that the other parent is not eligible to obtain custody of the child, they will grant the other parent full custody of the child. If you are seeking full custody of your child in California, you need to know how California law and courts grant custody orders.

What is child custody?

Child custody refers to the care, custody, and maintenance of the child after the parents have divorced. Custody of children may be awarded to both parents jointly or it may be awarded to one parent exclusively. In the latter case, the other parent usually gets visitation rights.

The decision of which parent will get custody depends on several factors that determine the best interests of the child. Suppose the courts find that one parent is incapable of caring for his or her children financially or emotionally. In that case, they will consider the best interests of the child and award custody to the suitable parent.

How is child custody determined in California?

Under California law, either parent can obtain custody of their child or both parents can share custody. The judge will decide on custody and visitation without a custody agreement between both parents. The judge can also issue his verdict only after the parents have met with a mediator from Family Court Services (FCS), based on whose recommendations the judge will decide the matter.

California law recognizes two types of custody orders, which are:

  • Legal custody

  • Legal custody refers to the right and responsibilities of parents to make important decisions for their children. These decisions concern the child’s education, health care, and well-being.

    Legal custody can be divided into Joint Legal Custody or Sole Legal Custody. In the first, both parents share the right and responsibility to make decisions regarding their child. In sole legal custody, only one parent has the right and responsibility to do so.

    Physical custody

Physical custody refers to the parent with whom the children may live. Physical custody can also be divided into Sole Physical Custody and Joint Physical Custody. In sole physical custody, children live with one parent, while the other gets visitation rights to spend time with their child. Under joint physical custody, children live with both parents, although time cannot be divided equally.

Top Reasons for Divorce in California (2023)

In California, the judge will decide the best interest of the child based on the following factors:

  • Child’s age;
  • The health of the child;
  • The emotional relationship between the child and the parents;
  • The ability of each parent to care for the child;
  • History of substance abuse or domestic violence by either parent; and
  • The child’s relationship with his community.

How to win custody of a child in California?

The best way to resolve a child custody problem is an amicable agreement between both parents. Once the parents decide on custody and visitation rights, the judge approves the agreement and signs it, making it an enforceable court order.

However, this is not always possible. This is where the court comes in. When parents cannot decide, the court will ask them to attend a mediation session with an FCS mediator. If the mediator is unable to resolve this issue, then the judge will decide the visitation and custody schedule, which will be enforceable.

There are some cases where the court requires a third-party child custody evaluator to evaluate the custody request and recommend an appropriate parenting plan. In this case, parents may be required to pay for evaluation services.

Any parent seeking full custody of the child must present persuasive evidence of his or her ability to care for the child. The courts will investigate whether the child’s best interests align with your custody request. However, for the welfare of the child, courts are inclined to grant joint custody of the child unless the other parent is proven unfit to do so.

The parent seeking to obtain full custody of the child must provide compelling evidence to support his or her case.

Reasons for granting sole or full custody

As mentioned above, courts will only award sole custody if they are convinced beyond a doubt that the other parent is unfit to take responsibility for the child. The judge may award full custody of the child if he or she is satisfied that the other parent:

  • Has committed domestic abuse;
  • Has committed child abuse;
  • Has made false accusations of abuse;
  • Has a substance abuse problem;
  • Emotionally abuses the child; and
  • has never taken care of the child;

How to get child custody as a father?

Family Code 3040 specifically prohibits any child custody order that is biased toward one parent based on his or her sex. This practically means that the court will only consider the best interest of the child in awarding custody and will not form a preference toward one parent because of their sex.

Therefore, it is clear that you, as a parent, can obtain sole custody of your child, depending on the circumstances. Here it is essential that you know the reasons why you can obtain a favorable custody order.

Before granting sole custody to a parent, the judge will investigate that parent’s suitability to care for and support their child. As a father, you can obtain sole custody of your child if the mother:

  • He refuses to share paternity of the child;
  • It belittles the father towards the child;
  • Levels false accusations of abuse; either
  • It alienates children.

Spending quality time with your children is an important part of gaining full custody. You cannot expect to win sole custody if you have not spent time with your children before the divorce. The judge will only consider granting sole custody to the father when the child feels comfortable with the father and it is in his or her best interest to live with the father.

If the mother refuses to co-parent or gives you additional time to spend with the children, you should seek the help of an experienced child custody attorney. Even if your case has begun and you feel that it is not progressing as desired, you should look to retain a proven attorney who can guide you and get your case back on track.

How to obtain custody as a mother?

People have the misconception that courts favor mothers when it comes to child custody. But this is simply not the case. Winning custody of children solely based on the gender of the parents is prohibited under Family Code 3040.

Even for the mother, sole custody will only be granted when the court firmly believes that it is in the best interest of the child to live with the mother. You can get full custody if it is proven that the father:

  • Have a history of domestic abuse or substance abuse;
  • Has a history of emotional abuse towards children;
  • He is under the care of the child; and
  • It is a flight risk.

The list is not exhaustive, but it paints a fair picture of how courts determine the best interests of the child in custody matters.

Steps to Win Child Custody in California

If you are seeking full custody of your child as a parent, you should be aware of the steps involved in the litigation process, which includes:

  • Preparation

The first step is preparation for the case. You and your attorney should strategize after determining whether you want sole or joint custody.

  • archive

You must file a family law case before seeking custody of your children. This could be a divorce, paternity or custody case.

  • Ex parte orders

Ex parte orders are also known as temporary orders. These orders are obtained if the child is at risk. The court will issue a temporary emergency order that will be in effect until the final verdict.

  • Orientation

Some California counties, such as Los Angeles, require both parents to take a brief orientation course before their custody case.

  • Mediation

A court-appointed mediator from Family Court Services (FCS) will meet with the parents to formulate a parenting plan agreed upon by both parties. In this case, the judge will sign the agreement, and it becomes a court order. If the parents do not agree, the mediator provides recommendations to the judge regarding the same. Lawyers for both parties cannot attend the mediation.

  • Audience

After mediation, the parties attend an initial hearing where facts and evidence are presented before the judge to determine the next step. There may be multiple hearings, depending on the circumstances.

  • Conference

Las conferencias son reuniones que tienen lugar entre los padres y el juez. Este es nuevamente un esfuerzo para ayudar a los padres a llegar a un acuerdo amistoso y evitar litigios.

  • Proof

During the trial, both sides present evidence and question witnesses so that the judge can rule. Depending on the complexity of your case, the hearing lasts days or even months. The trial ends when the judge announces his final decision, which is considered the final custody order.

  • Final order

The trial ends when the judge signs the final custody order. It is an enforceable parenting plan that sets out all the details of custody, visitation, and support.

If either party is dissatisfied with the decision, they can appeal the order to a higher court or file a motion to vacate the order.

Tips to Increase Your Chances of Winning Child Custody

As a parent, you must be responsible to your children and respectful to the other parent if you want full custody of the child. Here are some points to keep in mind that will increase your chances of obtaining custody:

  • Make sure you spend time with your children;
  • Be willing to work with the other co-parent;
  • Participate in your children’s education;
  • Make sure your child feels comfortable at home;
  • Exercise your parental rights;
  • Share all medical and other information with the co-parent, regardless of how minor it may seem;
  • Keep all documents and written communications with your spouse;
  • Support the co-parent’s relationship with your child; and
  • Remain calm and composed in the courtroom and mediation sessions.

Consult with a Child Custody Lawyer Today

Things get complicated when parents can’t agree on custody and visitation rights. It is best to have an expert child custody attorney who can help you understand the legal procedure and your rights.

Dolores Lopez is one of the best child custody attorneys in Orange County who can help you obtain child custody and visitation rights. Serving Los Angeles, San Diego and Riverside Counties, she is knowledgeable and highly experienced in handling all family law matters.

Call 714-733-7065 for a free consultation session today.

Judge giving decision on marriage

How can I file for a divorce in California?

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How Can I File for a Divorce in California?

Divorce is a very challenging prospect for anyone. Legal challenges here are accompanied by emotional stress and anxiety. Things could get even worse if there are secondary issues such as child custody and support or property division.

However, with the right set of legal guidance and skills, anyone can get through this difficult period and get the result they want.

In the US, filing and obtaining a divorce differs from state to state, although there are some commonalities. In California, divorce is more accurately defined as the dissolution of a marriage.

This blog article will discuss the reasons for obtaining a divorce, the types of divorce, and the procedure for filing for divorce in California. But it is worth mentioning that it never hurts to know more, but it is best to entrust your matter to an experienced divorce lawyer from the beginning.

Now, let’s take a look at the reasons for filing for divorce in the state.

Reasons to file for divorce in California

Before California simplified divorce and became the first state in the country to allow a “no-fault divorce” status, divorce in the US was only possible when the other spouse proved the fault of a specific spouse.

‘No-fault’ divorce basically means that the parties to a divorce do not need to prove any fault of the other to obtain a successful marriage dissolution order. In legal terms, there does not need to be any proof of fault on either party in order to get a divorce.

The California Family Law Act of 1969 made the state the first in the US to grant parties a ‘no-fault divorce’. Soon, all other states followed suit.

The same Law has established two simple reasons for which a divorce can be obtained in California:

  • Irreconcilable differences

Differences that have caused the total breakdown of the marriage; and

  • Permanent Legal Disability

When one of the spouses becomes incapable of making decisions.

Top Reasons for Divorce in California (2023)

Types of divorce in California

It is best to know the types of divorce that the state of California allows. It will help you prepare your case and be aware of your legal situation before consulting with a California divorce attorney.

  • no-fault divorce

As discussed above, no-fault divorce basically means that neither spouse has to prove the fault of the other to obtain a divorce. California was the first state to enact this law.

The spouse filing for divorce only needs to prove irreconcilable differences, meaning that the marriage is not working in any way.

  • Contested divorce

Contested divorce is the adversarial form of divorce. This happens when there is a conflict between the spouses and they both disagree on the points of the divorce.

This is a complicated form of divorce where things can turn sour between the parties. When the parties cannot agree on the points of the divorce, it can lead to a full-fledged trial in which the judge has the discretion to decide the matter.

  • divorce by mutual agreement

Exactly the opposite of a contested divorce; An uncontested divorce is when both parties agree on everything. These agreements include child support and custody issues, visitation rights, division of assets, and other issues.

These divorces mostly do not go to trial and are resolved more amicably. Both spouses are on the same page. Although it is still advisable to hire an attorney to ensure that you are getting your fair share of rights in this, it is not required.

  • summary dissolution

Summary Dissolution is a simplified divorce that is a great way to resolve the end of marriages in the short term.

First, California residency requirements must be met. Residency requirements state that one spouse must be a California resident for at least six months before filing the petition. Additionally, they must be residents of the county where the petition is filed at least three months prior to filing.

Second, both spouses must cite irreconcilable differences as grounds for divorce.

Thirdly, there should be no children born out of wedlock, nor should the female spouse be pregnant during these periods.

Fourth, the marriage must last less than five years.

Summary dissolution also restricts the amount of debt and community property you jointly own. It also states that both spouses must waive their rights to support filing for a summary dissolution.

In summary dissolution, spouses represent themselves in court, although they can always consult a divorce attorney.

  • collaborative divorce

A collaborative divorce is also an uncontested form of divorce. Both parties must sign a participation agreement, while their lawyers can draft the final agreement once things are resolved between the spouses.

Lawyers under this must be specialists in collaborative divorce and must aim to resolve matters amicably between the parties.

One point to remember here is that your collaborative divorce attorneys cannot represent you in court. If the collaborative process fails, you should hire divorce trial attorneys to take the case further for you.

  • mediated divorce

A common type of divorce is a mediated divorce. Both parties work with an external facilitator to resolve differences. The moderator assists the parties in drafting agreements and points of dispute.

A common divorce strategy is mediation. In these types of divorce cases, the two parties work together with an outside facilitator to resolve any differences outside of court. The moderator helps spouses resolve conflicts and disagreements.

Mediation often establishes child custody, handles property division, creates parenting plans, and determines support. This is a voluntary, non-binding process, and both parties must agree to the terms.

The mediator drafts the agreement for parenting plans, child support and custody, spousal support, and other family law disputes between spouses.

What is the divorce filing process in California?

The petitioner must provide or serve the other spouse with paper copies of the divorce, including the summons.

The respondent, that is, the other spouse, must file a response form within 30 days of service. In the event that the defendant spouse does not file an answer, he or she will be prohibited from bringing any claim in the divorce proceedings and filing any petition with the court for the same.

As noted above, California has residency requirements that both spouses must meet prior to the dissolution of the marriage.

If children are involved in the divorce process, the parties must complete a declaration form. Even without a divorce attorney, you can access the California Self-Help Guides, which contain links to all the necessary documentation and steps to take.

Once both parties have filed their motion and responses, the court will require them to file declarations and disclosures forms. The Statement for Disclosures includes Statements of Income and Expenses (Form FL 150) and a List of Assets and Debts (Form FL 142).

Once the filing of the petition is complete, the matter will be referred to a Family Resolution Conference (FRC) for consultation with the parties. The FRC judge will ask the parties about the status of the statements. The judge will also try to put the parties on the same line to resolve their divorce process.

Divorce is complex. Yours doesn’t have to be

Divorce is emotionally draining and it is highly recommended that you get an attorney who can guide you and, if necessary, represent you in court.

Contact Dolores López if you are considering divorce. Dolores López is a certified family law attorney in San Diego, Los Angeles and Riverside counties.

She can help you with your case, regardless of the situation. Don’t leave your rights to chance. Call (714) 733-7065 for legal guidance and representation.