Divorce laws in California: Q&A

How much time does the divorce process take?

At least 6 months should pass either since the date when respondent received the summons and the petition for the dissolution of marriage, or since the date when the respondent made appearance.

Can I get a divorce within a period less than 6 months?

If both spouses agree to the divorce terms before the end of waiting period, they can draw up a divorce agreement and obtain a bill of divorce, but they will not be identified as divorced until the 6-month period expires. The parties will have the bill of divorce in advance, where the divorce date will be attached to the future.

What should I do after receiving a statement of claim for divorce?

If you received a statement of claim for divorce, your response should be submitted within 30 days. The response is a paper that shows that you are interested in the divorce proceedings, i.e. you want to be apprised of all the dates when you have to be present in court, that you will participate in the lawsuit by court appearance to expedite the judicial decision.

What if I leave the response to the claim for divorce unsubmitted?

If the response is not exhibited in court, the decision will be issued without your participation, i.e. according to the statement of the adverse party. Therefore, if the case involves property or children, it is reasonable to send a response.

Divorce and separation: what is the difference?

The first difference is that the adjudication of the separation does not break off the marital status (i.e. none of the parties will not be allowed to get married again until the marriage is ended with divorce, or death of a spouse.) Usually people get a separation agreement, when they cannot get a divorce for religious or personal reasons. Also, there is no “waiting period” in separation lawsuit. The decision of separation can be obtained very quickly, though if one of the spouses does not want to get separation, the decision of separation is impossible obtain.)

Separation does not break off the marital status.

Separation does not break off the marital status.

We gоt married outside of California. Can I get a divorce in CA?

Yes, you can. But you should take into consideration one nuance: to have the right get a divorce, one of the spouses must have been living for 6 months in CA and for at least 3 months in the county where the claim was initiated. If you have just moved to this state and you would like get a quick divorce, talk to California lawyers, as there are some legitimate “back-channels”.

An order to show cause, what is it?

Order to show cause (OSC) is an request for a court hearing. To make such an request you should provide certain papers. In the submitted papers, you ask for a specific temporary solution concerning the particular issue. This decision will be valid until the next or final decision of the court. Usually such decisions are requested when children involved and there are such issues as child’s place of residence, child support, visiting rights. The judge will decide if your request should be complied.

Divorce lawyers

Divorce is a termination used for canceling legal responsibilities of marriage. In such situations people usually turn to the divorce attorney for help. Divorce lawyers also deal other aspects such as adoptions, testaments and tutelage. This specialist is competent in the law questions. He is up to giving some advice that concerns the situation, provide support to his clients to make the situation less tensive.

How should you choose the divorce attorney?

Finding the right professional will help you to solve the divorce problems without too many difficulties. That is why, choosing the attorney requires following some steps:

  1. Ask your acquaintances whether they had such experiences. It will be better if they recommend you the family law firm who has already helped them once.
  2. Try to know for how long the lawyer was to deal with such case as yours. What is his experience in divorces? In law generally?
  3. Find out what kind of payment your lawyer prefers? Does he want an hourly pay? Do his avocations include a free consultation for listening to your case?
  4. Put a question to the attorney about out the references from other clients. Do some small investigation, browse the website. Think over the questions for which you want to know the answers.

It is a good idea to find several specialists to choose the one who you think is the most experienced. Prepare yourself before the consultations; think of what issues you are concerned about. Some clients prefer being sure in the fact whether they feel comfortable enough to talk about problems concerning the case with the attorney.

Only a divorce attorney is aware of aspects of the process

What to ask your attorney about?

There are also some other matters:

  • How much time does the process take? It always depends upon the case. Some processes may take about a few months if the agreement between ex-spouses about the divorce issues is reached. If one of them disagrees in some questions such as alimony, children’s custody, property issues, the process might take a year or even longer.
  • What does it include? The family law attorney should inform you what the process includes by telling about different procedures.
  • Agree on the way of keeping the contact. The attorney will need to contact you when he has something to report you.