See if you Qualify in California
Online Divorce provides qualitative and approved by the court California divorce papers. The information below will help you understand more about the divorce in California. However, if you feel any doubts or insecurities, we will help you to figure out how to get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in California. We guarantee that in a short time you will receive the correct California divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in California:
Note that divorce in California has a special term and is also known as a Dissolution of Marriage and occurs without court intervention. If you claim for Dissolution, then you must comply with the conditions listed below.
1. Residency requirements. In order to get a divorce in California you have to meet leaving criterias.
2. Marriage is lasted no more than 5 years before the filing the divorce form documents to the court.
3. In marriage there are no joint children and the wife at the time of filing for divorce is not pregnant.
4. The spouses have no real estate, both private and joint.
5. The spouses have no debts in the amount exceeding $6000, which were issued in marriage. However, please note that this does not include loans for auto credits.
6. Spouses do not have joint or private ownership of more than $38000, note that vehicles do not belong to this case.
7. The couple agrees with the conclusion that after a divorce in California, none of the spouses will receive financial support or alimony.
8. Both spouses voluntarily signed documents that equally divide their property, assets and liabilities.
9. If you met all the criterias above you have to fill out California divorce papers which are also called as petition for dissolution. Despite the fact that dissolution is a quicker and easier way to get a divorce in California and does not require a trial in court, nevertheless keep in mind that for the termination of your marriage you still need to correctly fill out your application. If you feel any doubts or uncertainties, an Online Divorce service will help you to properly prepare your California divorce papers, in accordance with the requirements set by the state. Please note that the correctness of your divorce form documents will depend on the length of the waiting period for the dissolution of marriage. Remember that at any time you can initiate an online divorce in California just by using our service. Online Divorce will prepare quickly and qualitatively all the necessary documents that correspond to your dissolution.
10. Once the divorce form documents are ready you have to register them in the court of your county and at least 6 months once court will grant your divorce in California.
In case if you want to apply for a divorce in the state of California, you should leave on the state's territory for at least half a year before filing the case. Also note that you should be a resident of a county where you decided to terminate your marriage for at least 3 months.
Valid Grounds to get divorce
California is the state where operate no-fault grounds. Which means that you do not have to prove in the court that your marriage is broken due to a serious fault of one of the spouses. As a no-fault grounds can be considered 2 options: 1) irreconcilable differences which led to the fact that the spouses no longer get along with each other and there is no possibility for reconciliation and 2) incurable mental illness of one of the spouses, which led to the fact that he or she became insane and there is no chance for recovery, here should be attached the testimony of qualified medical personnel.
However, during the divorce in California such facts as adultery, cruel treatment in the family or one of the spouses has abandoned the family are not considered as fault grounds, but they may be taken into account when court is making a decision on the division of property or the award of alimony.
Those marriages that do not have legal force, are subject to cancellation, which means that marriage is not recognized by the state laws and is considered as void. Thus, instead of registering a divorce in California, the spouse can simply file for annulment. To void marriages it is possible to carry marriages which:
1. if one of the spouses already has a legal marriage, which was registered before the current marriage;
2. if the marriage was concluded at the time when one of the spouses was mentally or physically incompetent and could not give his consent;
3. if at the time of marriage one of the spouses did not reach the legal age for marriage and did not have the consent of the parents or the court's permission to conclude this marriage;
To apply for annulment it is enough for one of the spouses just to live on the territory of the state at the time of filing, which means that there are no strict requirements to the residence.
Please note that if you cancel marriage, then the paternity of children born in marriage will be questioned. This happens because void marriage was not legally valid and it is believed that the children were born out of wedlock. In this case, first of all, you need to file a petition that the paternity of your children has been established by the court. When this is done, you have the right to petition the court for custody of the child and awarding of financial support.
Custody of the Child
During the divorce in California courts can consider the issue of the custody of a child. Usually the courts of California are primarily regulated by the interests of the child, as well as by assumptions of what is most suitable for the child.
Courts can also assign joint custody of the child on the assumption that the child needs frequent and constant contact with the parents after their divorce.
Usually, if the parents have agreed on a parenting plan, the court makes a decision based on it. But if the parents can not come to a common decision, then the court independently appoints visiting hours
Also, sometimes, the court decision can be affected by such factors as:
1) alcohol or drug dependence of one of the parents;
2) the presence of domestic violence;
3) age and level of health of the child;
Please note that when filling out your divorce form documents you need to list all common children who were born or adopted during the marriage, as well as their age.
Rules for Child Support
As well as in other states, courts require parents after the divorce in California to support their children. The amount of alimony is calculated on the basis of the Income Shares Model. In the model are considered the income of each parent, their additional funds, as well as the total level of expenses required to support the child and total quantity of the children in the family.
The court may consider the following factors that also can affect on the amount of child support:
1) the amount of time each parent spends with a child;
2) presence of children from other marriages;
3) the amount of medical insurance;
4) trade-union contributions of the spouses;
5) additional incomes and expenses of spouses;
6) travel expenses to meet the child;
In your California divorce papers you have to listed all you income and expenses to give the court ability to calculate the sum of child financial support.
Rules for Spouses support
Courts in California can also award support of a spouse, it can be either permanent, temporary, or one-time support.
The following factors affect the court's decision during the divorce in California:
1) duration of marriage;
2) assets of both spouses, as well as their obligations;
3) sources of income of the spouses and their amount;
4) taxes paid by each spouse;
5) the needs of the parties in a certain standard of living
6) can one of the spouses help the second get a sufficient level of education to be able to find a job with a stable income;
7) how the spouses spent money during the marriage;
8) the presence of children in marriage and whether special care is required for them;
9) whether there are any facts of domestic violence during the marriage;
10) the number of debts and common property of the couple;
Sometimes the payment of alimony to the spouse may be terminated. This happens in cases of death of a spouse who receives support or if he or she enters into another marriage.
If you want to receive reliable financial support from your spouse, you should indicate in the divorce form documents all kinds of resources from which you get money, and also list your expenses, remember that you are required to describe your financial situation as much detail as possible.
When applying for divorce in California and in case if you and your spouse do not have any agreement on how joint property should be divided, then the court makes a decision that after divorce the property is divided equally between the spouses. However, if you have a separate property, it will not participate in the process of property division. To a separate property can be attributed, any property (including monetary assets) that was given to you or passed by inheritance.
Divorce without a lawyer
If you apply for a divorce in California, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of California can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce. To simplify the process, you can initiate an online divorce in California. Our service will help you quickly prepare all the necessary divorce form document, which will greatly accelerate the process of your divorce.
In some situations, the court may invite spouses to use the services of mediators to go to reconciliation. In this case, you have to wait 30 days to get a divorce.
Divorce Forms in California
Please note that it is very important to fill out your forms correctly, this will determine the cost and duration of your divorce. You can find many forms online. The main ones will be:
FL-100 - a document to initiate the beginning of the divorce proceedings, includes the enumeration of information, censuring marriage, children, as well as property.
FL-110 - a document informing the second spouse that the divorce proceedings began.
FL-115 is a document telling the court that you notified your spouse about the beginning of the divorce proceedings.
Also, when preparing divorce form documents, you may need to fill out additional forms. Which exactly - will depend on the circumstances of your divorce. Failure to correctly fill out the documents will lead to a delay in the divorce proceedings and additional cash costs. Therefore, many couples prefer to use Online Divorce service to get correctly filled California divorce papers with minimal expenditure of money and time. onlinedivorce.com is a trusted provider of filled out divorce form documents in the divorce industry. Using our service you can be sure that your California divorce papers will be filled out quickly, properly and with minimal monetary costs.
Uncontested Divorce in California
If during a divorce you have a disagreement with your spouse regarding such questions as division of property, custody of children or the award of spousal and child support, then your process of divorce in California becomes too complicated and prolonged. However, if you and your spouse have settled all kinds of disputes and come to a common solution, then your divorce can be called uncontested. This kind of divorce in California is much easier, since you will not need to go through lengthy legal proceedings regarding your disputed issues. In order to initiate a uncontested divorce in California, you need to fill out special divorce form documents, which may coincide with the documents for Marriage Dissolution (see above). Remember that you can fill out online California divorce papers to speed up the process of your divorce.
Domestic partnerships in California
California law allows partners of the same sex to enter into partnerships to live together as a married couple. In California it calls domestic partnership. Parties that are registered as partnerships have absolutely the same legal rights and obligations as spouses who live in a classical marriage.
If you live in a domestic partnership and want to break it, you also have the right to file for divorce in California. For this it is enough that your partnership was registered in California. This means that the state does not impose strict requirements on the residence of spouses before applying for divorce, since the partnership is already legally recognized by the state. However, if your domestic partnership has been registered in another state, then before filing divorce form documents to court, one of the partners must reside in California for at least 6 months and on the territory of the county in which you want to issue a dissolution for at least 3 months.
California divorce papers for termination of partnership must be filed by one of the parties to the local court, as well as their copies should be sent to the second party to notify him or her of your intentions to terminate the partnership.
You can also apply for dissolution of domestic partnership in order if your circumstances meet the requirements listed below:
1. Your or your party must meet the residency requirements of the state of California.
2. Your domestic partnership was registered by the state no more than 5 years before the date of submission of the application for dissolution.
3. You do not have common children who have been adopted or born during the period of your partnership.
4. Neither you nor your partner own any kind of property.
5. You both do not have a total debt worth more than $6000, which has been counted from the moment of the partnership. However, this does not include debts for an automobile product.
6. You do not have a common ownership of more than $38,000, not counting the cost of vehicles you both own.
7. Both partners have an agreement on how their common property should be divided and they also do not claim for financial support from each other or from the state after the dissolution.
If all of the above requirements are met, the couple may apply California divorce papers, such as the Notice of Termination of Domestic Partnership. The partnership will be automatically terminated in 6 months after the filing of the application to the court. Thus, your divorce in California will be formalized.
Remember that if you incorrectly fill out California divorce papers, they will be rejected by the court, which can delay the time of your dissolution. Online divorce is always ready to help you properly fill out documents, so that your divorce in California would be granted by the court as soon as possible.
Legal Separation in California
You can also formalize a legal separation in California. This means that you can stop parts of the relationship without completely breaking the marriage. Legal separation can usually take the form of the fact that there are religious contradictions between you and your spouse or whether you or your spouse want to receive additional medical financial compensation.
The grounds for legal separation can be the same as for the divorce in California. This indicates that you still need to go through a number of formal questions. Such as filling out California divorce documents, registering them in court, notifying your spouse and also making a decision regarding the division of property, custody of children, financial support for children and spouse.
In order to apply to the court for legal separation, you need to fill out a petition. For this, it is not necessary to ask an attorney for the help. It is enough to use the service of online divorce in California. We will help you to select all needed divorce form documents and fill them out correctly according the the rules of the state.
How to Serve Divorce Papers in California
You must notify your spouse that you've initiated the divorce, and do it as quickly as possible. It does not matter how you filled out the documents: with the help of a clerk or using the services of online divorce in California, you are obliged to inform the spouses that you filed a lawsuit and provide him or her with the copies of all papers. You can inform your spouse in various ways: send him a notification by mail, use the services of a sheriff, ask relatives to contact your spouse or use the services of a professional notification service.
Once your divorce form documents are filed and the spouse is notified, California requires a 6-month wait to complete the divorce process.
Total fees will contain sum of California court filing fees and cost of using the service of online divorce in California. This cost may vary by county. Please check with your local court officer to determine the exact amount.