Four Common Mistakes People Make During a Divorce in California

If you’re considering getting a divorce in California, it’s important to understand how to navigate the process. Divorce can be emotionally and financially draining enough on its own, and you don’t want to make it more challenging for yourself. There are four common mistakes people make during a divorce in California, and it is critical to avoid them. A California divorce lawyer understands the divorce process and can help you through it.

There’s plenty of room to make mistakes when going through the divorce process, but don’t let that scare you. It’s also easy to avoid them with the right knowledge and resources on your side.

Mistakes to Avoid During a California Divorce

The key to a smooth divorce process is to prepare and inform yourself. This is why working with a skilled California divorce lawyer can be so beneficial. Instead of spending your energy learning California law, you can leave the nuances to a professional. Regardless, it is vital that you avoid these common mistakes during your divorce in California:

1. Mishandling documents. There’s a lot of paperwork involved with the California divorce process, and it’s crucial you fill it out and submit it correctly. This is especially true for providing accurate financial disclosures through an Income and Expense Declaration (FL-150) and a Schedule of Assets and Debts (FL-142).
2. Not identifying separate property. Since California is a community property state, most assets that you acquire during your marriage are eligible to be distributed. However, any property you acquired before or after the marriage is considered separate property, which does not have to be distributed. Be sure to identify these assets so they stay safe during the process.
3. Overlooking crucial considerations. When going through a divorce, California law governs the division of your property and other assets, calculates child and spousal support, and determines child custody. It’s critical to disclose your finances and assets. Make sure your spouse does the same so everything can be divided equitably.
4. Representing yourself. While you’re not legally required to work with a California divorce attorney, doing so is highly recommended. Navigating a divorce can be challenging enough with its emotional implications. Instead of comprehensively learning California law, let a skilled professional handle some of these burdens for you.

How to File for Divorce in California

To file for divorce in California, one spouse (the plaintiff) must file a petition and serve their partner. The other spouse (the respondent) has 30 days to respond to the papers. If they don’t, the case likely results in a default judgment in favor of the plaintiff.

If they do, you enter the next stage of the process, which involves sharing financial information with one another. You must also decide how you’re dividing your assets, handling child support, and resolving any other aspects of your marriage. This process can either be quick or drawn out, depending on whether you and your spouse can agree on these issues. You can use mediation to negotiate terms. Regardless, it’s helpful to have a California divorce lawyer on your side.

Once all the important decisions have been made, you can go about finalizing your divorce. This includes filling out the final order to end the marriage, a notice that you filed it, and any other supporting documents. It’s important to note that there’s a mandatory waiting period of six months before the divorce can be finalized. If everything is correct after that period, a judge will sign off, and then you are officially divorced.

In 2022, California’s divorce rate was 5.9, which is one of the lowest in the country. In the 2022-2023 fiscal year, the state’s supreme court registered 5,674 dispositions and 5,490 filings. Nationally, divorce rates have been declining due to a variety of contributing factors, which often involve cultural shifts and changing attitudes regarding marriage and divorce.

FAQs

Q: What Are the Residency Requirements for Filing for Divorce in California?

A: If you wish to file for divorce in California, you or your spouse must be living in the state for six months and in the county you’re filing in for three months. It’s important to note that if you file for legal separation or an annulment, you do not have to meet these requirements. If you want to be separated from your partner but haven’t yet met the residency requirements, you can file for a legal separation until you qualify to file for divorce.

Q: Can I Change an Order Made in a Divorce Judgment in California?

A: Your circumstances may change over time after you finalize your divorce, so the original orders made by a judge may no longer be reasonable later. Certain orders can be modified by a judge, but others may not. Examples of orders that can be changed include child custody, visitation rights, child support, or spousal support.

Q: Can I Still File for Divorce in California If My Spouse Does Not Want One?

A: If you want a divorce in California but your spouse does not, you can still legally file for one without their consent. If your spouse doesn’t respond to your petition within the allotted amount of time, the case doesn’t go away. You may proceed and can expect to receive a default judgment.

Q: How Long Does Spousal Support Last in California?

A: The limits on spousal support depend on the length of the marriage. In marriages that last less than 10 years, support normally lasts half the duration of the marriage. If you’ve been married for longer than that or one spouse earns significantly more than the other, a judge may order long-term spousal support, which can last indefinitely.

Contact a California Divorce Lawyer to Assist With Your Divorce

Going through a divorce doesn’t have to be a complicated experience. By avoiding these mistakes and consulting a California family law attorney, you can be confident in attaining a peaceful separation.

At Bickford Blado & Botros, we can guide you through your divorce and protect your rights throughout the process. We can also help you gather important information and answer any questions you have along the way. Reach out to set up a consultation with a skilled California divorce lawyer today.

 

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