Finding A New Normal After A Divorce

Going through a divorce is one of the most difficult situations you will work through. You need an attorney who will approach your case with compassion. At Christopher R. Abernathy, APLC, our attorneys will provide you with the guidance you need. We are here to find creative solutions to your unique needs. You do not have to resolve your legal issues on your own, we are here to help.

Understanding The Divorce Process In California

Getting a divorce in California begins with one spouse filing a formal petition for dissolution of marriage, a legal document outlining the grounds for divorce and initiating the process. California is a no-fault divorce state, meaning that neither party needs to prove wrongdoing. Instead, citing irreconcilable differences is sufficient to proceed with a divorce.

Once filed, the petition must be served to the other spouse, giving them a fair opportunity to respond. From there, both parties exchange financial disclosures, which include income, assets, debts and expenses. Disclosures are a mandatory part of the process of determining property division and support obligations.

If spouses agree on all terms, they may submit a written agreement to the court. However, if disputes arise, the case may proceed to mediation or hearings. Divorce cases in Rancho Cucamonga are handled through the San Bernardino Family Law Division, which oversees filings, hearings and final judgments.

The process can vary in length depending on the complexity of the case and the level of cooperation between spouses. California law requires a minimum six-month waiting period from the date of service before a divorce can be finalized. During this time, parties may negotiate terms or seek temporary orders for custody, support or property use.

Our family law attorneys are familiar with the court and the local procedures. We can guide you confidently through the divorce process.

Types Of Divorce In California

California law offers several different ways to end a marriage. For best results, you must understand what options you have and which ones apply to your situation.

Standard Dissolution Of Marriage

A typical dissolution of marriage or divorce case can fit into one of two categories:

• Contested divorce: This means the couple is not in full agreement on the terms of the divorce, such as a proposed child custody schedule. In this situation, the divorce will likely require litigation to obtain a court ruling.
• Uncontested divorce: This means the couple already agrees on major terms such as child-related matters and financial issues. They can submit their terms to the court for approval, which is usually granted as long as they are valid under state law.

The length of a standard dissolution significantly revolves around whether or not it is contested or uncontested. Contested divorces generally take longer.

Summary Dissolution

Summary dissolution is often faster and simpler than a traditional divorce, but only couples who meet certain requirements are eligible in California. For instance, they must have a limited amount of debts or assets to divide, not have any children and have been married for less than five years.

Legal Separation

Legal separation means that the couple is still technically married, but they can take legal steps to separate their lives and live apart. This means they can create a child custody schedule, determine support amounts and divide their assets and debts as they would in a divorce.

Annulment

This is done when a marriage is nullified, making it as if it never happened in the first place. Specific grounds for annulment must be satisfied. Examples include discovering the other spouse was already married or being younger than 18 at the time of marriage. Other grounds for annulment include being tricked, forced or manipulated into marriage, one spouse lacking mental capacity or the marriage not being physically consummated.

How Long Does The Divorce Process Take?

A California divorce cannot be finalized in less than “six months and one day”, because state law imposes a mandatory waiting period. Most cases take six to twelve months, depending on how quickly spouses exchange information and resolve issues. When major disputes exist – such as over property, support or parenting – the divorce can become a contested matter, potentially extending the timeline and sometimes enduring for 18 to 24 months. 

Major Factors That Can Impact A Divorce

Several factors can influence the outcome and duration of a California divorce. Knowing about them early on can help you prepare for each stage.

• Length of the marriage: Longer marriages can involve more complex property division and spousal support considerations.
• Asset and debt division: California follows community property laws, meaning marital assets are generally divided equally.
• Level of conflict: High-conflict divorces often require court intervention, which can extend the timeline and increase costs.
• Child-related issues: Custody, visitation and child support are among the top causes of disputes and must be resolved to serve the child’s best interests.
• Willingness to cooperate: Spouses who communicate effectively and compromise may reach agreements faster and avoid litigation.

The more informed and prepared you are for a divorce in California, the better positioned you will be to make sound decisions. Our attorneys will work with you closely to make certain nothing goes overlooked.

Trust An Attorney Who Understands Your Concerns

California is considered a “no-fault” state. This means that when you file for divorce, you do not have to prove that your partner did anything wrong. You can separate simply because you just want to separate. While it may sound easy, there are many aspects involved. We can help you work through the complicated legal system. We have experience handling:

• Property division
• Alimony
• Child custody matters
• Child support
• Visitation

Something that is especially difficult is deciding how you will divide your assets. This can be done in a few different ways. It can be accomplished through a marital settlement agreement (MSA) or a court judgment, which will specify who gets what. If your MSA is merged with your court judgment, it can be enforced like any other family law decision. If it is not merged, it is treated as a contract.

We Can Help; Call Today

Many of the questions you are facing, you may not know the answers to. We can explain your rights and help you make informed decisions. To talk to one of our knowledgeable attorneys, call our office in Rancho Cucamonga today at 877-359-1875. You can also fill out this contact form.