Learn How to File for a California Divorce and What to Expect in Court Before Your Hearing

Has your marriage become more of a liability than a pleasurable experience? Are you thinking that it is perhaps time to call it quits and move on in life? If this is your current state of mind, then it may be better to file for divorce and lead your own separate life. This is easier said than done, however. After all, there are so many issues related to divorce. For instance, what will happen with child custody and visitation rights? What will happen to your debts and properties? What about alimony?

If you are a resident of California, you can file for divorce, but should know the California divorce laws; this is because there are some similarities in the divorce laws of all the states in the country, but there are some differences as well. In addition, you will need to know how to file for your California divorce and the court where you should do so.

The Steps to File Your Application for California Divorce:

Step 1: It may seem that both you and your spouse want the divorce and there are no disagreements on this, but remember the process is still legal in nature. There can also be complications because of several related issues such as alimony, property division and child custody. It is thus always best to retain legal help. So before anything else, you should consult a California divorce lawyer.

Step 2: There are quite a few courts in the state such as the circuit and superior court in your county and district. So, where should you file your California divorce application? If you have hired legal help, this person can help you. Otherwise, you will need to call your local courthouse to find this out.

Step 3: Did you know that there are two kinds of divorce that you can file for? They are a ‘no-fault’ divorce and ‘at-fault’ divorce. In a ‘no-fault’ divorce, both you and your spouse are not willing to raise any charges against each other. The two of you are just ‘incompatible,’ and thus want to be separated.

On the other hand, in an ‘at-fault’ divorce, you can blame your spouse for breaking up the marriage on the basis of several grounds like impotency, cruelty, felony, crime, abandonment and others. When you are filing for divorce, it is important to decide the type of divorce you want and the grounds if it is going to be an ‘at-fault’ divorce in California.

Step 4: Now is the time to decide who will file for divorce – you or your spouse. In many cases, either the husband or the wife can do this.

Step 5: Most couples who are fighting a divorce case at the court appeal for child custody. At this stage, you will need to file the papers for temporary support and custody.

Step 6: It is necessary that you have proof, called the "service of process," to show that a copy of the divorce papers were served to your spouse or his/her lawyer. It is always best to have the papers served in a dignified manner, such as in the evening or to the lawyer's office. It is never advisable to serve the papers to your spouse at work.

The Various Issues Dealt with in California Divorce Court

Property Division

Property division is almost always a very critical issue over which many couples have a good fight at the court. In the State of California, the debts and assets that the two of you obtained while you were married are divided equally at the time of a divorce.

In California, not every kind of property is termed as "community property." This means that the state recognizes that you might have had some property prior to the marriage, and if this is the case, then it would be treated as "separate property," that is, if that was kept separated from other properties you had while you were married. This separate property could also have yielded some income and this income is also allowed to be kept separate. You need to ensure that the income generated is not intermingled with other incomes.

Property received from family or gifted to you while you were married is usually considered separate property. However, it must be willed exclusively in your name and it should not be mixed with community property assets.

It is necessary to gather complete information about the property, and this includes the date of purchase, its approximate value, and also details like serial numbers and account numbers. You must gather such details even before you meet your divorce lawyer, as it will save you both money and time.

Alimony and California Divorce

A court may order alimony that is often known by the name of "spousal support" in California. In granting alimony according to the California divorce law, the court will consider many issues including:

•    Living standard of the couple during marriage
•    How long the marriage lasted
•    Both your and your spouse’s needs
•    Your and your spouse’s liabilities and financial resources
•    Impact of the divorce on any children if the spouse providing care is working
•    Your and your spouse’s contribution for domestic duties, career and education levels
•    Consequences of taxes
•    The different income sources of both the spouses

The court has the jurisdiction to allow spousal support that is temporary when a divorce decision is still pending. According to California divorce law, the support can be ordered for some specific time limit. Once it has been ordered, it can be changed only when there is some change in the circumstances.

Visitation and Child Custody Rights

Your relationship with your spouse might be over and the two of you might be fighting a divorce battle in court, but this does not mean that your love for your child will also be a thing of the past. One of the most hotly contested areas in a divorce case is over the custody of any children.

In the state, the court will hear the point of view of you and your spouse, make independent judgments based on the situation, and come out with a verdict that is in the child’s best interest. This is done only if you and your spouse cannot agree on your own.

The court considers many issues when making a decision, and these include:

•    Whether you or your spouse is likely to permit continuing and frequent contacts between the child and the parent who is not the custodian
•    A history of the child’s contact with you and your spouse
•    The welfare, health and safety of the child
•    The physical and mental state of your spouse and you, and also a consideration of whether either have a history of drug or alcohol abuse
•    The child’s preference. This is asked only if the child is of an understanding nature, intelligent and is mature enough to express their desires
•    Child abuse evidence

Based on all the above issues, the California divorce court will make a decision. Both you and your spouse are legally bound by it once the custody order is passed by a judge and the clerk’s office files it. If you are denied access to the child even though the court has allowed this, you can bring this issue to the notice of court so that the visitation rights can be enforced. The judge could decide on modifying the visitation or custody order, ask for a makeup in the visitation for any time that you might have missed, and even ask for mediation or counseling.