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CALIFORNIA DIVORCE cheap divorce, online divorce, California divorce, file for divorce
A People’s Choice can save you hundreds of dollars by preparing your family law documents instead of an expensive divorce attorney!
Family Law Learning Center
Our online learning center provides quick access to valuable information contained in our web
site, California and Federal Codes, Court web sites and other legal sources of information.
Filing for divorce in California: In California there are three ways the law can terminate a marriage:
Dissolution: The marriage will cease at the conclusion of the proceeding.
Nullity: Declares that the marriage never existed.
Legal Separation: Resolves all the issues of the marriage, but the parties remain legally married and can retain benefits
only available to married persons, such as remaining on each other’s medical insurance.
All of the above methods provide for the resolution of the division of property, debts, spousal and child support, child custody and visitation.
Our web site can help you to:
- Compare the specific qualifications for a Summary Dissolution, a Regular Dissolution, Annulment or a Legal Separation in California by utilizing our easy comparison chart.
- Learn about Summary Dissolution and take our On-line Test and see if you
qualify to file (not everyone is qualified to file a Summary Dissolution).
- Discover the advantages of a Marital Settlement Agreement, even in the most simple cases.
- Lean how to deal with issues of child custody, visitation and support.
- Learn how to change your name during or after your divorce proceedings.
California is a “no-fault” divorce state. This means that there are no “grounds for
divorce;” one party does not receive any more property or support because their spouse committed adultery, left the family
home, or was otherwise considered a “bad” spouse. In California, the grounds to obtain a dissolution of marriage or
“divorce” are either 1) irreconcilable differences or 2) incurable insanity. Almost all divorces in California are based on the
grounds of “irreconcilable differences.” Additionally, in California one party cannot “stop” a divorce merely because they do
not want to get a divorce from their spouse. If one spouse says there are irreconcilable differences and the other spouse disagrees, a divorce will still be granted.
Flow chart and timeline:
Filing for divorce in California is a multistep process. After filing the Summons and Petition with
the Court, the non-filing spouse must be served. This starts the timeline within which the case can later be concluded and a final Judgment entered. View Flow Chart.
Immediate orders:
In all divorce proceedings, once a spouse has been served, automatic restraining orders come into effect. Both spouses are ordered by the Court not to:
- Remove a child of the parties from the State without prior written permission of the other spouse or by order of the court.
- Transfer, sell or encumber (borrow against) any property except in the usual course of business or for necessities.
- Cancel, transfer or borrow against any insurance (including life, health, auto, disability) held for the benefit of the other spouse or a minor child.
- During the court proceedings, both parties are required to exchange information regarding their property, debts,
income and expenses. This exchange is completed through formal “disclosures” between the parties.
During the court proceedings, both parties are required to exchange information regarding their property, debts, income and
expenses. This exchange is completed through formal “disclosures” between the parties and is required under Family Code 2100-2113.
Obtaining a judgment:
A Final Judgment of Dissolution or Legal Separation can be requested to be entered no earlier
than 31 days after the date that the other party was served with divorce papers. There are three ways to obtain a final judgment:
 True default: The other party has not filed a response and the parties have not
signed a formal agreement. All issues of the marriage including identifying each party’s’ separate property and debt, the division of community property and debt,
spousal support, child custody, visitation and support must be addressed unilaterally, and a fair and equitable resolution be presented to the court for approval. This
process works well when the parties have been married for a very short period of time (2 years or less) and have no children, community assets or debts.
Uncontested default: This is the easiest and most common way to complete a California divorce proceeding. In this
situation, the parties reach an agreement resolving all issues of their marriage and sign a Settlement Agreement which sets
forth the parties’ resolution of all issues, identifies separate property and debt, and divides community property and debt.
The Settlement Agreement also addresses issues of spousal and/or child support, child custody and visitation. The
Settlement Agreement is submitted to the court for ratification and approval. Most uncontested divorce proceedings are
resolved by way of a Settlement Agreement, even in situations where the parties have no children, little property and few debts.
Contested: The parties are unable to reach an agreement and a Response has been filed by the other party. It will be
necessary for the court to make orders regarding the disputed issues through separate hearings and/or a formal trial. Often these proceedings take many months or even years to complete.
A People’s Choice can save you hundreds of dollars by preparing your family law documents instead of an expensive divorce attorney!
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