Back to the Basics: 4 FAQs about California Divorce

Choosing to file for divorce can be a tough decision. The divorce process itself can be overwhelming at times. You likely have many questions and concerns about the process. To learn more about a California divorce, read the information below. Then, contact an experienced attorney at Negley Law, APC today.

Where Can I Get Divorced?

One of the requirements for divorce in California is a residency requirement. State law requires that at least one of the spouses is a state resident for a minimum of six months before filing for divorce. You can file your divorce case in the county where you. However, you must have lived in that county for at three months prior to filing.

How Long Will the Process Take?

Every divorce case is different, and there is no set time frame for any given family law case. After filing your divorce petition, which initiates your case, there is a minimum six-month period before the divorce is finalized. This time period is put in place for couples that may want to reconcile before the final divorce order. After this six-month period is over, the specific facts of your case will determine how long the process will take.

Will I Receive/Pay Alimony?

Alimony, also known as spousal support, is not awarded in every case. There are numerous factors that a judge will consider when deciding on spousal support, including:

  • The length of the marriage
  • Each spouse's financial situation
  • Each spouse's income earning capability
  • The standard of living established during the marriage

Divorcing spouses also have the option to settle spousal support out of court. Often, the spouses will go through mediation, a process where a neutral third party guides the parties through resolution of their issues. Like with all other divorce issues, your unique circumstances will determine if alimony is appropriate in your case.

What Happens to My Property?

Generally, the property and debt acquired during your marriage is "community property." This means that each spouse owns half of the community property, and is responsible for half of the debt. Property can include real estate, vehicles, personal property (such as furniture), and financial assets. Usually, divorcing spouses evenly split the community property and debt. There are exceptions to this rule, such as receiving an inheritance or separate gift. Such property may be separate property, and belong solely to one spouse. Determining which property is considered marital can be a challenge, particularly if you and your spouse own a lot of diversified property. Your family law attorney can examine your property and help you make this determination.

Contact Ventura Divorce Firm Today

At Negley Law, APC, our experienced attorneys understand how difficult divorce can be. We know the emotional and financial challenges you may face, and are here to help. For over 15 years, our firm has helped countless Ventura residents through divorces and other family law issues. If you are considering filing for divorce in Ventura County, or have questions about the process, contact our firm today. You can schedule a legal consultation with one of our skilled attorneys, free of charge. Call Negley Law, APC now at (805) 464-7315 to learn more.

Categories: Divorce