If you’re thinking, “How do I file for divorce in Santa Barbara, California?” don’t hesitate to reach out to a seasoned Santa Barbara divorce attorney about your situation. It’s understandable to feel overwhelmed or stressed out about starting the divorce process, but you don’t have to do it alone. With the help of a qualified family lawyer, you can simplify the process and get back to focusing on your life sooner.
Understanding the Basics of Divorce in CA
Divorce is legally known as the dissolution of a marriage (or domestic partnership), which means the spouses have decided to end their marital relationship and return to single status. Filing for divorce doesn’t only mean ending the marriage; it’s an involved and often complex legal process with various related matters that need to be addressed.
Legal separation is a nearly identical process to divorce except for the fact that the spouses still remain legally married in the eyes of the law.
When you’re considering filing for divorce or legal separation, it’s important to consider which process may be ideal for your situation, and you must also understand that the proceedings have the potential to be costly and time-consuming.
If possible, consider discussing with your spouse or partner the idea of an uncontested divorce, mediation, or another alternative dispute resolution method. These options can speed up and simplify the process, saving time and costs.
Summary dissolution is a streamlined divorce process available for qualifying spouses. In order to be eligible for a summary dissolution, you and your spouse must have been married for less than five years, share no children together, waive the right to spousal support, and have a relatively small marital estate and minimal debt. Additionally, you and your spouse must agree on how to divide any shared property between the two of you.
Steps To Begin the Divorce Petition Process
To officially begin the divorce process, at least one of the spouses must file a Petition for Divorce. Before this step, make sure that you meet the state’s residency requirements for marriage dissolution. Filing for a California divorce requires that either you or your spouse reside in the state for a minimum of six months and in the county where you will be filing the divorce for at least three months.
Residency qualifications vary for other forms of legal separations, so be sure to consult with a skilled divorce and family law attorney about eligibility for your unique specifications. Your divorce attorney can guide you through every step of the process, including the initial filing and subsequent actions. Once the petitioner has filed for dissolution, the other party, known as the respondent, must be officially notified by being served the paperwork personally.
After the respondent is served the divorce papers, they must file an official response within the allotted time period. Otherwise, the petitioning party can request an entry of default. Upon the default being entered, the petitioner can proceed with the divorce process and finalize the marriage dissolution without the other spouse’s input. If the respondent does file the proper paperwork, the divorce will proceed as either a contested or uncontested legal matter.
FAQs
Q: What Is the First Step in Filing for Divorce in California?
A: The first step in filing for divorce in California is ensuring that you meet the state’s residency requirements. You or your spouse must have lived in the state for at least six months prior to filing, as well as residing in your filing county for at least three months. If you qualify, you can work with your family lawyer to prepare the various documents and necessary information prior to officially filing the Petition for Divorce.
Q: Who Can File for a Legal Separation in California?
A: In California, any adult in a marriage or domestic partnership can file for a legal separation instead of a divorce if they so choose. When filing for a legal separation, the spouses remain legally married but separate, living apart from one another, just as divorced spouses.
All other aspects of the process remain the same as the divorce process. This includes deciding how to divide the community property, child support and custody arrangements, and whether there will be spousal support.
Q: Can I File for Divorce in California Without an Attorney?
A: It is possible to file for divorce in California without an attorney, but this approach is not always recommended. There are numerous benefits to working with a qualified and experienced family law attorney for your divorce case. Depending on your circumstances, divorce can be a complicated and overwhelming undertaking.
Your attorney can simplify the process, helping you avoid unnecessary costs and lengthy proceedings. Furthermore, your lawyer is there to represent you, advocate for your goals, and protect your rights.
Q: What Is the Fastest Way to Get a Divorce in California?
A: The fastest way to get a divorce in California depends on your specific situation. Generally, a summary dissolution is the quickest way to finalize your divorce, but only certain marriages qualify for this process.
In order to be eligible for a summary dissolution, you and your spouse must have been married for less than five years, have no children together, have a relatively small estate, and forego the right to alimony. Other quick options include mediation or an uncontested divorce.
Q: What Does a Divorce Settlement Include in California?
A: In California, a divorce settlement is only finalized once the spouses agree on how to resolve the various related matters. These divorce issues include:
- property division: assets and debts shared between the spouses must be equitably distributed.
- child custody and support: deciding how visitation and financial obligations will be shared between parents.
- alimony: if spousal support is awarded by the court, the requesting spouse receives payments from the other.
Experienced Divorce Law Professionals for You
At the law office of Drury Pullen, APLC, our team of seasoned family law and divorce attorneys is here to do the heavy lifting for you. Reach out to us today to schedule a meeting with an understanding and dedicated divorce lawyer.