Return to Main Index CALIFORNIA $149 DIVORCE

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$149 Divorce

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    CALIFORNIA DIVORCE

    DISSOLUTION & LEGAL SEPARATION OVERVIEW:

    • Divorce in California is called a "Dissolution of Marriage". The court can make orders for child custody, child support, visitation with a child, alimony (spousal support), and property division in both a legal separation and a dissolution. California has 2 forms of divorce, Summary Dissolution & Regular Dissolution.

    Legal Separation: In a legal separation, the court makes orders about your property and children, but you stay 'legally' married. If you later decide to go ahead with the dissolution of your marriage, you have to go back through the court process again, and pay court costs a second time. Most spouses in an unhappy marriage prefer to get 'it all over with at once", and file a dissolution of their marriage.

    GROUNDS: Although there are 'fault' based grounds for divorce in CA, most divorces are filed simply on no-fault grounds of "irreconcilable differences"; leaving the reason for your divorce between you and your spouse (as it should be).

    ResidencyNo matter where you were married, either you or your spouse must have lived in CA for at least 6 months and in the county for 90 days before filing for a CA divorce. After you file, you are free to leave the state; except, if you and your spouse have children together, you can't take the children out of the state of CA without the prior written permission of your spouse. It is a felony/misdemeanor crime if either parent violates the order against taking a child from the state without prior written permission of the 'other' parent/spouse.

    DISSOLUTION: In a dissolution (divorce), the court makes orders about your property and children, but also ends or dissolves your marriage. You are no longer married at the end of the dissolution process. You have back the same legal status you had before you were married. You are once again a single person.

    Summary Dissolution. California offers a 'simplified' summary dissolution process that doesn't require a court appearance and takes less paperwork. You send in your paperwork and after a 6 month waiting period, either you or your spouse can request a summary dissolution of your marriage. BUT during that 6 month waiting period, either spouse can simply file a form for revocation and end the whole process. If your Summary Dissolution is 'killed' by you or your spouse filing for a revocation, you have to start (and pay for a divorce) all over again. Either spouse can re-file, pay for, and process, a 'Regular' Divorce (dissolution) if your Summary Dissolution is revoked. If you meet all of the requirements set out below and have filed all the right paperwork, and neither you or your spouse files asking the court to revoke the Summary Dissolution; You will receive notice of that your marriage has been summarily dissolved without you or your spouse having to go to court.

    California recently enacted 'new' requirements and procedures for dissolutions. Not everyone can file for a summary dissolution and now CA requires additional paperwork making the summary dissolution less 'attractive'.

    You must meet all of the following criteria to file a summary dissolution:

    • 1. You must have been married less than 5 years.
    • 2. You can't have any minor children and the wife cannot be pregnant
    • 3. You or your spouse must have lived in CA for 6 months and in the county for 90 days
    • 4. You or your spouse cannot have any interest in any real property (real estate)
    • 5. You and your spouse cannot owe more than $5,000 in community debts (car loans don't' count)
    • 6. You and your spouse cannot own more than $25,000 in community property (cars don't count)
    • 7. You or your spouse cannot own more than $25,000 in separate property
    • 8. You and your spouse must agree to the summary dissolution, read and understand the booklet published by the state, and agree about how to divide your property - including your debts.
    • 9. You and your spouse must both give up any claim to spousal support (alimony)

    DISCLOSURE In 1993, CA enacted mandatory disclosure laws requiring divorcing spouses to disclose everything possible to disclose about their property and finances. Since the disclosure applies to all divorces, even if you qualify for a summary dissolution, you must meet the requirements of disclosure.

    Regular Divorce (dissolution):

    A 'regular' divorce (dissolution) may be granted by agreement of the parties about how to divide assets and debts and the issues of child custody, visitation, child support, and spousal support (alimony), or by default.

    Agreed Divorce

    In an agreed divorce, one spouse files the papers at the local court house and gives the other spouse a copy of the filed divorce papers. That spouse then signs a waiver of official service of citation which basically acknowledges that they have received a copy of the divorce papers and that the divorce may proceed without them having to do anything else or even having to appear at the final divorce hearing.

    Most divorces are entered as Agreed. Even if your divorce doesn't start out as 'agreed', by the time your divorce is final, chances are pretty good it will be by agreement.

    Default Divorce

    In a default divorce, only one spouse (the one filing the divorce) is required to sign anything. One spouse files the divorce papers. The other spouse is then notified (served) with a copy of the divorce papers by an authorized 3rd party who mails the paperwork to your spouse. The spouse being "served" with the divorce papers is not required to sign anything. All that is required is proof that they were notified - not their consent. You cannot force someone to stay married to you.

    AUTOMATIC RESTRAINING ORDER

    After you file for divorce, and your spouse is 'officially ' notified by receipt of a Summons, some built in restraining orders that apply to both you and your spouse and are effective automatically. Neither you or your spouse can: take a child out of the state without prior written consent of the other spouse/parent transfer, sell or borrow against any property (except in the normal course of business or an 'emergency') cancel, transfer or borrow against any insurance benefiting the other spouse or a child

    Missing Spouse

    If you don't know where your spouse can be found to be 'served' (notified), and you have made a good faith effort to locate them, you can still get your divorce. Missing spouses can be 'notified' by:
    • a notice posted at the court house or;
    • running it in a newspaper.

    The Process of Divorce

    There are only three basic procedural steps to divorce:

    • File divorce papers
    • Notify Spouse (service of papers)
    • Fianlize your divorce

    Filing Fees

    You pay the same filing fees and court costs that lawyers pay. The exact amount will vary from county to county. In most counties, the fee is $182 to file a divorce. Your spouse will probably also end up paying a Response fee of $182 You can call the Clerk's office in your county and they will tell you exactly how much the fees are in your county

    just point-click-print Order Form

      DIVIDING PROPERTY and DEBTS:

      In every divorce, you have to divide your marital community 'estate'- your property and your debts. CA is a community property state which is defined as: all property, income, debts earned or acquired by either spouse during the marriage, belongs equally to both spouses - regardless of which spouse actually earned the income, acquired the property or made the debt.

      Property and debts you or your spouse had before the marriage are separate property and separate debts. Both spouses are responsible for the debts incurred by either spouse between the date you married and the date you separated. Property, debts, and income of either spouse acquired after your separation date are their own separate property. In general, you are not liable for the debts of your spouse after the date of separation BUT, you can be liable for the debts of your spouse or your children, after the date of separation, IF those debts are for "common necessities of life" such as shelter, clothing, food and medical costs UNLESS your spouse has signed a waiver of support (usually done as a part of your paperwork when you file for divorce).

      Even after you separate, you are still liable for accounts that are in both of your names. Simply having your name removed from the account will not relieve you of liability for the account.

      PROTECTION OF CREDITORS:

      A divorce court order that orders you or your spouse to pay debts does not affect your creditors. Real World Example: if you and your spouse buy a car during your marriage and as part of the divorce, your spouse takes the car (and the payment), but, doesn't pay for the car; the creditor can and will come after you and or repossess the car, for the debt - you still owe the money no matter what your divorce papers say. Your ex-spouse can be held in contempt of the divorce court's order to pay the debt, but you're still liable for the original debt.

      BANKRUPTCY: Many divorcing couples quickly learn a basic rule of math. What you could afford on two incomes, you cannot afford on only 1 income. Because divorced people often end up with a debt they can't possibly pay, a divorce is often followed by a Bankruptcy discharging all unsecured dischargeable debt (credit cards and medical expenses etc.) As a general guide, economists often use a ratio of debt exceeding 50%-60% of your annual income as being an indicator that Bankruptcy may offer the only viable means to get out of debt and get a financial fresh start.

      Student Loans:Generally, loans for the education of a spouse are the separate 'property' of that person. Neither spouse (nor their property) is liable for the educational loans of the other spouse.

      PENSIONS: A divorce (dissolution) must divide any community interest in any retirement plans "earned" during the marriage. Each spouse is entitled to half of the retirement plan's value acquired during the marriage. Often, spouses simply waive any right to the retirement benefits of the other and each party keeps only their own retirement or the spouse whose work actually 'earned' the retirement may 'buy out' the other spouse as part of the property division.

      Military Retirement: Military retirement and civil service annuities are community property. Spouses who were married at least 10 years during active duty military service are entitled to half of the military retiree's pay when he/she retires. Spouse married at least 20 years also keep PX and commissary benefits.

      Alimony

      Spousal support, or alimony, is structured to equalize the living standards of men and women after a divorce. Alimony is not usually ordered for spouses that are capable of working and taking care of themselves. Although there are state guidelines to determine the amount of alimony to be paid, unlike child support, the guidelines are not mandatory. Judges have discretion in determining alimony, but generally use the following formula:

      first, any child support is deducted from the supporting spouse's net income. Next, 50% of the remaining income after child support is set aside for the paying spouse. Last, 40% of the remaining 50% not allocated for child support is the guideline for alimony.

      If the spouses don't agree otherwise, the judge will determine the date alimony to be of a duration in consideration of and relative to, the length of the marriage.

      THE MOST ASKED QUESTIONS and ANSWERS:

      1. How much will it cost me to do my own dissolution?
      The National Divorce & Bankruptcy Center's fee for doing all the paperwork you will need to file and complete your divorce is $149 (whether you have children or property or not). It costs $180 in most counties to file a divorce. Your spouse will probably also end up paying a Response fee of $180 (even if you agree). The spouse filing the dissolution will spend approx. $149 + $180 (fees) = $268.00.

      2. How long will it take?
      You can turn in your final paperwork just 31 days after notice is 'officially' served on your spouse. The court will enter your judgemtn and fill in the blank with a date for the dissolution to be final at least 6 months after your spouse is served the Summons. (You have up to 5 years to finalize your divorce). All the orders for custody, child support, property division will be effective as soon as your judgement is entered, BUT, your marriage won't be dissolved until the 6 months is over.

      3. When can I get remarried?
       You can't marry until your dissolution is final - at least 6 months after your spouse is served and the final judgemtn in your case is final.

      CHILDREN

      Child Custody; Support; Visitation

      The overwhelming majority of parents divorce by agreement. They decide the issues that affect the lives of their children rather than 'trust' the court to make those important decisions for them.

      There has been a nationwide movement encouraging parents to work together for the best interests of their children. Joint Custody is now widely recognized by parents, courts and state legislatures as the 'preferred' parenting plan for divorcing parents (unless wholly unworkable). Joint Custody allows parents the flexibility to develop parenting plans that provide an active role for both parents in their children's lives while providing for the care, custody, control and support of their children. Parents can tailor their parenting plan to meet the needs and special circumstances of their children and their own work schedules and lives.

      Joint Custody

      Joint custody is not necessarily a 50:50 time sharing of children, although parents are increasingly opting for a near 50:50 time share with the details of their parenting plan detailed in a marital settlement agreement as a part of their divorce.

      Joint Custody is often a 50:50 sharing of responsibility and participating in the decision making process in matters that affect the children, with physical custody remaining with one primary joint custodial parent. Much like the custodial and non-custodial custody arrangements of the past, one parent may be named as the primary' joint custodian and the other parent is granted visitation "at all times mutually agreed" and failing agreement, under the terms of a standard visitation schedule, for example, 1st, 3rd, 10th weekends of each month, 6 weeks in the summer and alternating holidays. The primary joint custodian typically retains the decision making authority to determine the child's primary residence and school; and to designate such things as the child's primary physician.

      CHILD SUPPORT

      Both parents are obligated to support their children. Parents can agree to any amount of support that is 'reasonable' as part of their written parenting plan or marital settlement agreement. Unless parents agree on the amount of child support required to provide for their children, CA state guidelines must be used to determine the amount of child support. The guidelines consider such things as the current income of both parents and the amount of time the children will spend with each parent.

      Petitioners with children must include an order for child support in every case, even if the other parent is unemployed or "missing".

      Withholding Child Support From Earnings

      When an order for child support is entered, an order for wage assignment, must also be entered. Child Support is then withheld directly from the earnings of the parent who is ordered to pay child support; much like the way income tax is withheld. This makes both receiving and paying child support 'easier' and more certain for both parents. Child support is typically withheld and sent to the state agency authorized to receive and disburse payments. Once the support has been 'logged' in to verify that it was paid, the payment is then forwarded to the parent who is to receive support for the benefit of the children.

      Additional Support

      Health InsuranceHealth insurance for the children must be made a part of a child support order if insurance is available at a reasonable cost to either parent as part of their employment benefits. If insurance is not available through employment of either parent.

      In addition to supporting their children, and providing health insurance, both parents are responsible for other necessary expenses such as day care which must be shared equally unless the parents agree of a court orders them shared in proportion to net incomes.

      The special needs of a child and educational costs may also be ordered to be shared by the parents. The travel expenses of a non-custodial parent may also be ordered 'shared' by both parents to enable both parents to have frequent contact with their children.

      Raising or Lowering Child Support

      Child support orders and agreements for child support can be changed (modified) at any time to reflect changes in income and circumstances. Once a year, you or your spouse can require the other parent to complete an income and expense form to determine if a formal petition for modification of the order should be filed with the court.

      Visitation With Children

      Parents are generally free to visit with their children at all times mutually agreed to by the parties. The Standard visitation schedule provides a 'safety net' for those times when parents cannot agree, which is basically: Every other weekend; Summer visitation of approximately 4-6 weeks and Alternating Holidays.

      View a complete Standard Visitation Schedule

      About The National Divorce & Bankruptcy Center

      The National Divorce & Bankruptcy Center is a division of Pro Se Publications, Self-Help Center, which began in May of 1994 and provides the public with easy and inexpensive access to the courts without the expense of hiring a lawyer. We help you better inform yourself about laws and legal procedures so that you can make your own informed decisions - about the legal actions that affect your life. We provide services at low cost because we are not lawyers and do not give legal advice. Instead, our service is limited to providing you with self-help information and providing quality legal document preparation.

      IN SHORT - We Help Our Customers Solve Their Own Legal Problems Without The Expense of Hiring A Lawyer.

      Document Preparation; The Paperwork

      Point - Click - Print Order Form

      After you have made your decisions, you will need to complete the Divorce information form, indicating those decisions, so that your paperwork can be processed. Once you have completed the informational form, simply return it to our office. Your completed paperwork will be returned to you ready to be filed within 3 business days (most within 24 hours), along with procedural information to 'guide' you through the process from filing your initial documents to walking out of the courthouse a newly divorced person.
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