How long does a Calif divorce
A California divorce always takes a minimum of six months. This is called a “waiting period” and is designed to make sure you and your spouse do not change your mind and decide to reconcile. The waiting period begins once the divorce papers are filed and the divorce has been served, even if you were separated for many years before you file for divorce. The waiting period cannot start until the divorce is filed and the divorce papers are properly served.
Is there a way to avoid a divorce trial?
Yes, if both you and your spouse are able to agree on all issues in your divorce, meaning child custody, child visitation, child support, spousal support, division of property, division of any pension plans, and division of debts, you can avoid litigation. You can simply have someone write up a divorce judgment, sign it, and be done.
My ex is not paying child support, do I let him see the children?
Yes. Child custody and child support are not related. If your ex is not paying child support, obtain a court order requiring him to do so.
I do not like my ex's girlfriend. Do I give him visitation?
Yes. If your spouse is involved in a new relationship and you do not like the new person, this is not a reason to withhold visitation. However, if the new person in your spouse’s life poses a danger to your children, the court will intervene and not allow that person around your children.
If I do not want a divorce, should I file a legal separation instead?
No. If you are not sure whether you will be able to repair your marriage, then you should not be filing any court actions. If you want to protect assets, you and your spouse should sign a written agreement stating that all assets and debts acquired from that date forward will be separate. If you and your spouse are contemplating divorce, you should begin separating your finances. Cancel all joint credit cards and bank accounts, and do not take out any additional loans in both your names. If you do have to file for divorce at a later date, it will simplify things.
A divorce does not become automatically final. It requires one person to file paperwork to finalize the divorce. If you and your spouse are trying to work on your marriage and are not sure if you want to go through with the divorce, you have at least five years to decided. At any time within the five years you can move forward with the divorce, or decided to dismiss the case.
How can I be sure child support goes to my children?
You cannot. Even though child support is for the benefit of your children, it is owed to the parent. You cannot dictate how child support will be spent. If the children's needs are not being met, you should seek custody.
How can I get sole custody of my children?
Normally a court will order the parties to share custody unless one parent neglects the children or has issues, such as drug use, mental problems, or a history of domestic violence.
I made the downpayment on our house, do I get money back?
Yes. This is called a 2640 reimbursement. As long as you can prove that the downpayment was derived from your separate property, the court will order that you be reimbursed from the sale (or buy-out) of the home.