Preparing for Divorce

Answering All Your Questions & Fighting for Your Best Interests

If you are considering filing for divorce, you may have many questions and concerns regarding the entire process. You may be wondering how much it will cost, how long it will take, and how the process will work. You may also have questions about property division, spousal support, child support, and other issues. At Moore, Schulman & Moore, APC, we are here to answer your questions and help you navigate the divorce process.

We know that divorce is a highly stressful and emotional process. It can be difficult to focus on what is important during this time. Our San Diego divorce attorneys understand this and will work with you to outline your goals and priorities. We will then work to achieve those goals in an efficient manner.

Contact our firm today at (858) 492-7968 to get started on your path to a successful divorce.

Understanding Divorce Laws in California

California is a "no-fault" divorce state, which means that you don't need to prove any wrongdoing by either spouse in order to file for divorce. The most common ground for divorce is "irreconcilable differences," which simply indicates that you and your spouse have experienced a breakdown in the marriage and cannot resolve your issues.

FAQs

What's the Residency Requirement for Divorce in California?

To file for divorce in California, at least one spouse must have lived in the state for at least six months before filing. Additionally, you must have lived in the county where you plan to file for divorce for at least three months.

Do I Need a Lawyer for My Divorce?

While it's not legally required to hire an attorney for your divorce, it's highly recommended, especially if your divorce involves complex issues such as child custody, property division, or spousal support. An experienced attorney can guide you through the legal process and protect your rights.

How is Property Divided in a California Divorce?

California follows the principle of community property, which means that assets and debts acquired during the marriage are generally considered community property and will be divided equally between spouses. However, there are exceptions and complexities that an attorney can help you navigate.

What About Child Custody and Support?

Child custody decisions are based on the best interests of the child. California encourages joint custody whenever possible, but the final decision will depend on various factors. Child support is determined based on state guidelines that take into account each parent's income and the time spent with the child.

How Long Does the Divorce Process Take?

The time it takes to finalize a divorce in California can vary significantly depending on factors such as the complexity of issues, the level of cooperation between spouses, and the court's schedule. On average, an uncontested divorce may take around six months, while a contested divorce could take a year or more.

Can I Change My Name During the Divorce?

Yes, you have the option to change your name as part of the divorce process. You can include this request in your divorce petition.

What Happens if We Can't Agree on Important Issues?

If you and your spouse can't agree on issues such as property division or child custody, the court will make decisions for you. However, it's generally better for both parties to reach an agreement through negotiation or mediation to maintain more control over the outcome.

Is California a Community Property State for Debt Too?

Yes, California treats both assets and debts acquired during the marriage as community property, and they are subject to equal division.

Can I Date During the Divorce Process?

Technically, there's no law against dating during a divorce in California. However, it's advisable to consider the potential emotional and legal implications, especially if child custody or spousal support is at stake.

What About Taxes After Divorce?

Be aware that divorce can have tax implications. Consult a tax professional to understand how your filing status and other financial changes might affect your tax situation.