Best Divorce Lawyers Fresno, CA Of 2024 – Forbes Advisor – Technologist

Divorce is never easy. However, knowing what to expect can make the divorce process less stressful and help you smooth out bumps along the way.

California Divorce Requirements

Filing for divorce in California does not require a mandatory separation period. However, you must fulfill specific residency requirements. You or your spouse must have lived in California for at least six months and in the county where you plan to file for at least three months prior to filing. There is also a six-month waiting period from the date the papers are served until the divorce is finalized.

The first step in filing for divorce is completing the petition for dissolution of marriage and other necessary documents. You then file the forms, along with the appropriate fee, in Fresno County Superior Court. The next step entails serving the divorce papers to your spouse. Any adult other than you can serve them, or you can use the county sheriff.

Types of Divorce and Separation in California

Knowing your options regarding separation and divorce can be vital. Here’s a selection of California divorce laws and choices for those seeking to end their marriage or separate.

• Legal separation. In California, you can legally separate and obtain a court order for property division, child custody and support arrangements without divorcing. Legal separation can be a temporary solution for couples not ready to take the next step or a long-term solution for those seeking to live apart but not wishing to divorce.
• Summary dissolution. A summary dissolution is a simpler and quicker way to end a marriage, requiring less paperwork and court involvement. However, it’s available only for couples who have been married for a short time with few assets and no children.
• No-fault divorce. California allows no-fault divorces, meaning you or your spouse don’t have to prove any wrongdoing to be granted a divorce. You can simply state “irreconcilable differences” as a reason for seeking a marriage dissolution.
• Annulment. An annulment invalidates a marriage or domestic partnership as if it never existed. Grounds for an annulment in California include bigamy, being underage at the time of marriage, fraud and coercion.

Child Custody, Support and Visitation in California

Understanding child custody, support and visitation regulations in California can be crucial for protecting your rights. Here’s a summary of the essential custody matters.

• Child custody. California distinguishes between legal and physical custody. The parent with legal custody can make important decisions for the child in areas such as healthcare and education. Physical custody determines where the child resides and how the parents share time with the child. Physical and legal custody can be joint (shared between the parents) or sole.
• Child support. Child support payments for the child’s needs are based on various factors, such as the child’s needs, both parents’ income and where the child resides. The custodial parent typically receives child support.
• Visitation rights. Visitation rights allow both parents to maintain a close relationship with their children. Visitation in California may be open, with a schedule or supervised. However, a court can deny visitation rights if concerns exist about the child’s well-being.

Property Division in California

California is a community property state, meaning any assets and debts you and your spouse acquired during the marriage are typically divided equitably. For example, if you and your spouse bought a house together during marriage, the property is split between you in the divorce. However, any assets owned before marriage or received by one of you as a gift or inheritance during marriage is considered separate property.

In California, spousal support can be temporary or long-term. When determining spousal support payments, a court may consider factors such as the length of your marriage, the age and health of each spouse, income and the standard of living during the marriage. For instance, if one spouse stayed home to raise children, the court might order alimony to help them maintain their accustomed lifestyle.

Filing and Serving Your Divorce Papers

To start the divorce, complete and file a petition (Form FL-100) and a summons (Form FL-110). If you and your spouse have children together, you’ll also need to complete a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The cost to file is $435.

Once you have filed the completed forms at your local courthouse, you must serve your spouse with the divorce papers. As you can’t serve your spouse yourself, consider engaging a sheriff, process server or anyone over 18 who isn’t involved in the case. Once your spouse receives the divorce papers, your server must complete the Proof of Service of Summons (Form FL-115).

If you are filing for a summary dissolution, you must complete an Income and Expense Declaration (Form FL-150), Declaration of Disclosure (Form FL-140) and either a Schedule of Assets and Debts (Form FL-142) or a Property Declaration (Form FL-160). Also, complete and file the Joint Petition for Summary Dissolution (Form FL-800) and Judgment of Dissolution and Notice of Entry of Judgment (form FL-825) along with your property division agreement.

Finalizing Your Divorce

In California, once you’ve filed and served your divorce papers to your spouse, there’s a mandatory waiting period of six months before your divorce can be finalized.

If you agree with your spouse on all the essential issues, such as asset division, finances and child custody, a hearing is typically not required to finalize your divorce. However, if you can’t agree on all issues with your spouse, a court hearing will be scheduled to decide on any contentious matters. Your case may even go to trial if you and your spouse can’t reach an agreement.