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When love does not end up being until death do you part, you'll have a maze of legal and financial challenges to work through as part of your divorce. If you live in California, you'll need to know about the specifics of how divorce works in the Golden State. This guide will take you through the steps and specifics of divorce in California so you can keep your finances intact even though your marriage is ending. If you are going through a divorce, you might want to find a financial advisor. SmartAsset can help you find a suitable advisor in your area with our free financial advisor matching service.

How to File for Divorce in California

Eligibility

You must meet certain eligibility requirements to file for divorce in a California court. First, at least one of the two parties to the divorce must have lived in California for at least six months prior to filing for divorce. Second, keep in mind that you have to file in a specific county within the state. To be eligible to file in any county in California, at least one of the spouses must have lived in that county for three months before filing for divorce.

Grounds for Divorce in California

All divorces in California are no-fault. Thus, the party who asks for the divorce does not have to give a reason or prove that he or she was wronged by the other spouse. Judges don't consider fault when dividing property or determining support, either. Even if one partner committed adultery or harmed the other spouse in some way, the judge won't consider that during divorce rulings.

Process to Divorce

You have to follow certain steps to get divorced in California. Note that there is a mandatory six-month waiting period after the divorce is filed before it is finalized, so don't expect to take care of this right away.

To start the process for a divorce, one of the two spouses must file in superior court in the county where he or she meets the residency requirements. The petitioner is the spouse who files for divorce. The petitioner must serve the other spouse, known as the respondent, with copies of the petition to divorce as well as any other relevant paperwork.

From there, the divorce could go a number of ways. The simplest route is one in which both parties represent themselves and come up with a plan for the division of property and childcare without involving lawyers. If that is not possible, you can undergo a mediation. A mediator does not have the force of law to make couples agree to terms, but a mediator can help a couple work through difficult issues. The most time-consuming and expensive option is a divorce trial. This will require each party to have a lawyer. It will involve discovery from both sides, and a judge will reach the final decision on the terms of the divorce.

Summary Dissolution

There's also the option of a summary dissolution, a simplified divorce process. To qualify for a summary dissolution, a couple must meet the following criteria:

Be married for less than five years

Have no children born or adopted together during or before marriage (and also not currently be expecting a child)

Must not own land or any buildings

Must not rent any land or buildings other than the current place of residence (and not have a one-year lease or an option to buy)

Have less than $41,000 of property acquired while married (excluding cars)

Own less than $41,000 separate property each (property owned before marriage, obtained as a gift or through inheritance, acquired after you've been separated but before you get divorced or listed as separate property in a prenuptial agreement)

Have less than $6,000 in debts accrued since marriage (excluding car loans)

Agree that neither spouse will ever get spousal support

If these criteria are met, the couple must then draw up and sign an agreement dividing property and debts.

How to Split Up Assets During a Divorce in California

California is what is known as a community property state. This means that when two people get married, they are considered a single entity for the purpose of property ownership. Thus, any property or assets that either party earns or acquires during the marriage is considered community property and is owned by both spouses. Likewise, any debt that either party accrues during the marriage is also considered community property.

One important thing to note if you've lived in a non-community property state at any point during your marriage: California will treat any property that would have been considered community property had you been living in California at the time as community property for the purpose of a divorce in the state.

If you have assets or property that you owned before your marriage, or if you receive a gift or inheritance during your marriage, that is separate property and is owned only by you. Purchases made with separate property are also separate property. For instance, if you inherit $10,000 from your grandmother's estate and use that to buy something, the purchase is separate property even if you bought it during your marriage.

How to Divide Property in California After Divorce

Once both spouses agree on what is community property and what is separate property, they'll need to decide how to divide their community property. The spouses can make this decision among themselves if they are able to, or a mediator can help. If the couple can't come to an agreement with the mediator's help, then a judge will make the decisions. Both parties must abide by the judge's decisions.

It will be necessary to assign a monetary value to property for the purpose of dividing it between the spouses. An appraisal may be necessary, especially for real estate or items like art or antiques. An accountant or financial expert will typically assess the worth of retirement assets like a 401(k) account or an annuity.

There are three basic options for dividing property:

Decide which pieces of property go to which spouse in a way that feels equitable

Have one spouse essentially buy out the other on various pieces of property (for instance, if one spouse wants to remain in the family home, he or she could pay the other spouse half of the home's value)

Sell the property and divide the assets

The couple can also choose to retain joint property after the divorce. This is sometimes a solution when both spouses want their children to stay in the family home.

How to Manage Child Support and Alimony Under California Divorce Laws

The court will consider a number of factors when determining how much child support one spouse must pay. These include:

Net income of both parents

Age of children

Time children spend with each spouse

Who declares children as a dependent for tax purposes

Retirement plan contributions

Health insurance costs

Mortgage interest and property taxes of both parents

Mandatory retirement contributions

Mandatory union dues

A judge can order child support to cover a number of expenses. This can include basic needs like food, clothing and shelter, as well as other costs like health insurance, child care, travel costs for visitation and the cost of extracurricular activities.

The court can also rule that one spouse has to pay spousal support or alimony to the other. Spousal support in California can be permanent or temporary. Factors considered include:

Earning potential of each spouse

Living standard while married

Professional skills of each party

Sacrifices spouses made during marriage

Financial support one spouse gave to other for education, training, etc.

Assets and income

Length of marriage

Debts taken on during marriage

Age and health

Domestic violence incidents

Criminal convictions

Be sure to take both alimony and child support into account when filing taxes after divorce.

401(k) and IRA and Divorce in California

Like other assets, California considers retirement accounts like 401(k) plans or IRAs as community property. However, the state considers any money that one spouse put into a retirement account or earned as interest before the marriage as separate property.

Thus, couples must only divide plan assets accrued during the marriage. Any contributions and interest that is separate property will go in full to the spouse who earned it before the couple wed.

After the trial, you must file a Qualified Domestic Relations Order with your plan administrator. This is a form explaining how you're dividing your retirement plan.

Divorce and Estate Planning in California

Hopefully your plan won't take effect for a long time, but estate planning is important even if you're relatively young. Divorce can make estate planning more complicated, but it also makes it more critical.

Let's say you have a will naming your spouse as your heir. Your instructions will remain valid until your divorce. Thus, if you don't want your soon-to-be ex-spouse to inherit your estate, update your estate plan as quickly as possible. The law will pass over your ex-spouse after the divorce - even if he or she is listed as your primary beneficiary.

You'll also want to take the time to revisit arrangements for your children if both you and your former spouse were to pass away. Though you and your spouse may have previously agreed on a plan, that may change over the course of a divorce.

The Bottom Line

California divorces take at least six months. California is a no-fault state, which means judges don't consider the actions of either party when settling disputes. It is also a community property state. The court considers all assets earned during the marriage as the property of both spouses for the purpose of the divorce.

Financial Planning Tips

Whether you're in the midst of finalizing your divorce or you're dealing with the aftermath, it may be a smart decision to find a financial advisor. SmartAsset can help you find a financial advisor who suits your needs with our free financial advisor matching service. You'll answer a few simple questions and then we'll match you with up to three financial advisors in your area. We vet our advisors, and they are free of disclosures. Each of your advisor matches will then reach out to you and give you a chance to interview them.

Find out what your investments will be worth in the years to come with our free investment calculator. This can be good information to have going into a divorce proceedings as you take stock of your financial situation.

Photo credit: ©iStock.com/LordRunar, ©iStock.com/Michał Chodyra, ©iStock.com/itakdalee

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Divorce Laws in California | Most Important Things to Know - SmartAssete

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When love does not end up being until death do you part, you'll have a maze of legal and financial challenges to work through as part of your divorce. If you live in California, you'll need to know about the specifics of how divorce works in the Golden State.

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The term " no fault divorce " is often used when discussing divorce, without further reference to its meaning. Before 1970, California had a fault-based divorce system, which required one spouse to prove that the other had engaged in wrongdoing before obtaining a divorce. California was the first state in the nation to do away with this fault system when it removed from consideration marital fault as grounds for divorce. California's no fault system now allows a couple to obtain a divorce based simply on a breakdown of the marriage. If you are considering divorce, contact an Orange County divorce attorney.

Fault Divorce

Before 1970, California and other states required as a prerequisite to divorce that one party prove an immoral act by the other before being granted a divorce. Some examples of the bad acts a party could use to establish fault included:

There were also several defenses available to the party who was alleged to be at fault, such as:

Condonation: A claim that the plaintiff spouse knew of the defendant spouse's conduct and condoned it

Connivance/provocation: A claim that the plaintiff spouse encouraged or provoked the defendant spouse to commit the act

Recrimination: A claim that the plaintiff spouse was also guilty of the defendant's act

Collusion: A claim that the grounds for the divorce were fabricated in order to procure it

A defendant spouse who successfully argued one of the above defenses to the plaintiff spouse's allegations could prevent the divorce.

There were a number of disadvantages inherent in the traditional fault divorce system. Principally, it limited the availability of divorce to a narrow range of circumstances, which had the effect of restricting access to divorce to spouses who simply no longer felt affection for one another despite neither having committed fault, and it was applied inconsistently (sometimes applied and other times not). It also required litigation on whether one party was at fault, which often involved disclosure and litigation concerning highly sensitive, personal, and not readily provable matters to the court.

No Fault Divorce in California

No-fault divorce, as its name would imply, eliminated the requirement that one party must prove fault by the other party to obtain a divorce. Instead, it allows couples to obtain a divorce based upon a breakdown of the marriage, normally characterized as "irreconcilable differences," "incompatibility," or "irremediable breakdown of the marriage." No fault divorce offers several benefits over traditional fault divorce, chief among them being that it allows a couple to obtain a divorce even though neither party did anything wrong. In most cases, it is also less expensive and offers a faster resolution than the prior fault-based standard.

In California, the dissolution of a marriage may be based upon either:

1. Irreconcilable differences that have caused the irreparable breakdown of the marriage, or

2. Permanent legal incapacity to make decisions

Invariably, a marriage dissolution or legal separation is sought on the ground of "irreconcilable differences, which have caused the irremediable breakdown of the marriage." California's family laws define "irreconcilable differences" as "those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved." This is a very broad definition that encompasses virtually any reason as to why the spouses are unable to resolve their marital problems.

Contact an Orange County Divorce Attorney

For more information about the grounds on which you may seek a divorce, please contact an experienced Orange County divorce attorney at Seastrom Tuttle & Murphy by calling us at 949-474-0800.

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What Is No Fault Divorce in California? | Seastrom Law

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The term " no fault divorce " is often used when discussing divorce, without further reference to its meaning. Before 1970, California had a fault-based divorce system, which required one spouse to prove that the other had engaged in wrongdoing before obtaining a divorce.

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Get answers to common questions about divorce in California.

California was the first state to implement the "no-fault divorce" concept. This means neither spouse has to accuse the other of marital misconduct; if the marriage has broken down due to irreconcilable differences, the couple can get a divorce.

This article answers some frequently asked questions about divorce (legally referred to as "dissolution of marriage") in California.
What are the grounds for a divorce?
Are there any residency requirements in order to obtain a dissolution of marriage?
After the dissolution case is filed, how long does it take to get a divorce?
What is the process for getting a divorce?
What else should I know?
What are the grounds for a divorce?

California was the first state to adopt the "no-fault divorce" concept. In California, a dissolution of marriage can be granted if the court finds that "irreconcilable differences" have caused an irrevocable breakdown of the marriage. In effect, this simply means that a married person who wants to end the marriage can do so, even if the other spouse wants to stay together.

Are there any residency requirements in order to obtain a dissolution of marriage?

Yes. To get a divorce in California, at least one of the spouses has to have been a resident of the state for at least six months before filing the divorce petition. You must also live in the county where you file the divorce petition for at least three months before filing.

After the dissolution case is filed, how long does it take to get a divorce?

Once you file the divorce petition and serve it on your spouse, you will have to wait at least six months for your divorce to be finalized.

What is the process for getting a divorce in California?

If you have been married for less than five years, have no children, don't own real estate, and have relatively limited property and debts, you may qualify for a summary dissolution. This is a simpler process, which generally doesn't require an appearance before a judge. You and your spouse must create an agreement about how you will divide your property and debts, and file it -- along with a joint divorce petition and other required forms -- with the court. Although you still have to wait six months before your divorce becomes final, you don't have to go through a lot of the procedures and appearances required for a regular divorce. You can find more information on summary dissolution in California in, " California Summary Dissolution: The Simple Divorce".

If you don't qualify for a summary dissolution, a typical dissolution of marriage requires the following steps:

1. One spouse files a divorce petition and serves it on the other spouse (called the respondent).

2. The respondent then has thirty days to file a response to the petition.

3. One of the spouses may request temporary court orders by filing for an Order to Show Cause hearing. At this hearing, the judge will make temporary child custody, support, and restraining orders.

4. The spouses then engage in discovery, which is the process by which they exchange information and documents that are relevant to the divorce. One of the required aspects of discovery is the preparation of the Preliminary Declaration of Disclosure. This is a court form in which each spouse lists the community and separate property. As part of this disclosure, the parties are also required to exchange income and expense declarations.

5. After the discovery is complete, the spouses and their attorneys (if they are represented) will discuss settlement of the case. If the case is resolved by agreement, one of the attorneys will prepare a Marital Settlement Agreement, which should include all of the terms of the agreement. This is a contract that is signed by the spouses and their attorneys.

6. If the parties are not able to agree on all of the issues in the case, a trial will take place.

7. After the parties sign the Marital Settlement Agreement or after the trial has concluded, one of the attorneys will prepare a Judgment of Dissolution of Marriage. This is the document that contains all of the court's orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each attorney.

For more on your options to proceed with a divorce, see The Divorce Process.

What else should I know?

If you're considering a divorce, there are several major issues you have to consider. You'll need to understand how property and debt will be split between you and your spouse, who will get custody of any children, who will pay child and or spousal support (alimony), and how much. You can find legal information on all of these topics and more in our section on California Divorce and Family Laws.

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Get answers to common questions about divorce in California. California was the first state to implement the "no-fault divorce" concept. This means neither spouse has to accuse the other of marital misconduct; if the marriage has broken down due to irreconcilable differences, the couple can get a divorce.

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The Dissolution of a Marriage involves negotiating critical issues such as:

Seastrom Tuttle & Murphy's accomplished divorce lawyers provide the highest level of service and representation for clients during a Divorce. Our lawyers lead clients through every aspect of the divorce process from beginning to end.

What To Expect During Your California Divorce

The divorce process presents different challenges for different people. Whether you and your spouse are largely on the same page or you are expecting to have several issues to resolve, it is important to have a clear plan for moving forward, and it is equally important to be prepared to adapt your plan as unexpected questions arise.

Preparing for your divorce starts with ensuring that you have a clear understanding of the process. In order to make informed and strategic decisions, you need to know what you can expect at each step along the way. When you choose Seastrom Seastrom & Tuttle to represent you, your Orange County divorce attorney will advise you at all stages of your divorce, including:

Pre-Divorce Planning - While you will have time to think through issues and make decisions during your divorce, planning ahead can give you a roadmap for sticking to a strategy that serves your long-term best interests. Our Orange County divorce lawyers will work with you in advance of your divorce to explore all pertinent issues, all potential concerns and all of the options that you have available.

Filing for Divorce (or Responding to Your Spouse's Divorce Petition) - The formal divorce process starts with the filing of a divorce petition in the appropriate court. Our attorneys will prepare your petition (or prepare a response to your spouse's petition) that fully preserves your legal rights.

Choosing the Most-Effective Method of Resolution - In California, there are a few different ways that divorcing spouses can come to terms. One option is to negotiate the terms of their divorce with the advice and representation of their attorneys. Mediation involves seeking additional guidance from neutral third parties, and litigation provides a judicial resolution for spouses are unable to reach an agreement.

Identifying and Characterizing Assets and Income - Distributing divorcing spouses' community assets and establishing spousal support and child support presents some unique challenges in California, especially in high net worth divorces. Our attorneys are intimately familiar with all of the issues involved and can provide advice and recommendations that are custom-tailored to your individual circumstances. We have particular experience dealing with these issues in high-end divorce cases.

Negotiating Property Division and Financial Support - While litigation is an option, most divorcing couples resolve their differences by mutual agreement. With our attorneys' decades of experience in divorce negotiations, and the mediation process, we can help steer your divorce toward a favorable out-of-court resolution.

Developing a Parenting Plan - If you have children, developing a parenting plan will be a critical aspect of your divorce. Today, divorcing parents have more options than ever, although all custody-related decisions must still reflect the best interests of the children involved. Our attorneys can work with you and your spouse's legal counsel to structure a parenting plan that achieves your goals and satisfies the requirements of California law.

Mediation and Litigation - Each Orange County divorce attorney at Seastrom Seastrom & Tuttle has significant experience in divorce mediation and litigation. If pursuing one of these options is in your best interests, we can use our experience to maximize the advantages of the process while continuing to pursue an efficient resolution.

Finalization and Post-Divorce Planning - When finalizing your divorce, it is imperative to ensure that your settlement agreement and divorce decree accurately reflect the terms to which you have agreed. There may be various post-divorce planning considerations as well, and our attorneys can continue working with you once your marriage is over to tie up any loose ends.

Contested or Uncontested: You Still Need an Orange County Divorce Attorney

Understandably, most of our clients are interested in pursuing an uncontested divorce. Contentious disputes cost time and money, and they can ultimately lead to decisions about the parties' future being left in the hands of a judge.

However, while we agree that it is generally in everyone's best interests to work toward an out-of-court resolution, we also caution our clients against placing too much emphasis on the distinction between "contested" and "uncontested." In California, the term "uncontested" refers to a scenario in which the spouses have already agreed to the terms of their divorce and are submitting their settlement agreement (or "stipulated judgment") to the court for final approval. As a result, when many people think about pursuing an uncontested divorce, what they are really thinking about is seeking to achieve an "amicable" resolution.

In our experience, many people also conflate an uncontested divorce with a do-it-yourself (DIY) divorce. The California Courts' website even provides DIY forms on its uncontested divorce page. But, due to the risk of overlooking important issues and making other costly mistakes during the process, the DIY approach should generally be reserved for only for the simplest of divorces.

At Seastrom Seastrom & Tuttle, we measure our success by yours. If you want to resolve your divorce amicably, we will tailor our representation accordingly. This is the approach we take in the majority of divorce cases. However, while we focus on reaching mutually-agreeable terms, our ultimate priority is to protect your best interests; and, if a more forceful approach is required, we will do what is necessary to ensure that the outcome of your divorce is in full service of your legal rights under California law.

The Importance of Skilled Legal Representation

With all of these considerations in mind, when preparing to end your marriage, you need to explore your options and make decisions based on the advice of skilled legal counsel. There are too many issues - and there is too much at stake - to rush through the process or make decisions based on incomplete information. An Orange County divorce attorney can guide you every step of the way, and we can make sure that you feel confident in the outcome of your divorce.

Schedule a Consultation With an Orange County Divorce Attorney at Seastrom Seastrom & Tuttle

If you would like to speak with an attorney about your divorce, we invite you to schedule a confidential initial consultation at our matrimonial law offices in Orange County, CA. To request an appointment at your convenience, call us at 949-474-0800 or inquire online today.

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Orange County Divorce Attorney | Seastrom Law

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The Dissolution of a Marriage involves negotiating critical issues such as: Seastrom Tuttle & Murphy's accomplished divorce lawyers provide the highest level of service and representation for clients during a Divorce. Our lawyers lead clients through every aspect of the divorce process from beginning to end.

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1 Park Plaza, Suite 1100
Irvine, CA 92614
Phone: 949-474-0800
https://www.seastromlaw.com

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For wealthy individuals, the divorce process presents some unique challenges. While the basic issues and procedures are the same regardless of your assets and income, high-end divorces tend to be much more complex. This means they also tend to be more time-consuming, and it means that there are more opportunities for contentious disputes to arise as well. As Orange County high-end divorce lawyers, we are intimately familiar with the issues, practicalities and nuances involved.

Which of your assets are on the table in your divorce? Which are you entitled to keep as your "separate" property? If you signed a prenuptial agreement, is it legally-enforceable in California? Since California's community property law entitles each spouse to half of the couple's marital estate under most circumstances, these are all critical questions that you need to answer so that you can make informed decisions as you prepare for your divorce.

Decades of Experience Representing High-Net-Worth Spouses in California

Our attorneys have decades of experience representing high-net-worth spouses in all stages of the divorce process. From pre-divorce planning to settlement negotiations and mediation, and from divorce litigation to post-divorce enforcement, we guide our clients through the critical issues involved in their divorces step-by-step. We are sensitive to the unique aspects of high-end divorces, and we have particular experience representing business owners, business executives, licensed professionals, investors and other high-net-worth individuals.

As your legal counsel, we will work closely with you to identify the issues involved in your divorce, help you establish priorities, and develop a viable strategy for securing a favorable result. Depending on your personal family and financial circumstances, this may include addressing matters such as:

Enforcement of your prenuptial or postnuptial agreement

Identification of your (and your spouse's) separate assets and separate property components of community assets

Ownership and control of privately-owned businesses

Alimony and child support for high-earning spouses

Ownership and distribution of investment portfolios, retirement accounts, real estate and other high-value assets

Protecting artwork, vehicles, yachts, jewelry, and other items of substantial monetary and sentimental value

Child custody and parenting time issues for parents who work full time, travel frequently and have other commitments outside of the home

When necessary, our Orange County high-end divorce lawyers can also assist our clients with matters such as uncovering attempts to hide assets and income, intentionally remaining unemployed or underemployed, wasting community assets and using community assets to finance extramarital affairs. Regardless of the circumstances involved in your divorce, we have the experience to help you make informed and strategic decisions, and we have the commitment to ensure that your financial interests remain secure.

Request a Confidential Initial Consultation With One of Our Orange County High-End Divorce Lawyers Today

If you are ready to file for divorce in Orange County, if your spouse has already filed, or if you are simply at the stage of planning ahead to preserve your wealth, we encourage you to get in touch. To schedule a confidential initial consultation with one of our highly-experienced divorce attorneys, please call 949-474-0800 or send us a confidential message online today.

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Orange County High-End Divorce Lawyers | High New Worth Divorce

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For wealthy individuals, the divorce process presents some unique challenges. While the basic issues and procedures are the same regardless of your assets and income, high-end divorces tend to be much more complex. This means they also tend to be more time-consuming, and it means that there are more opportunities for contentious disputes to arise as well.

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What are the grounds for divorce or legal separation in California?

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What are the grounds for divorce or legal separation in California?

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This section has basic information about divorce in California. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court - By Yourself page.

What are the residency requirements to file for divorce in California?

You or your spouse must have been a resident in the state of California for at least six months and a resident in the county where the divorce is going to be filed for at least three months prior to filing for divorce, except in the case of same-sex marriages. ¹

Spouses of the same sex can get a judgment for divorce, nullity, or legal separation even if neither spouse is a resident of California at the time the proceedings if:

the marriage was entered in California; and

neither spouse lives in a state that will dissolve the marriage (Note: If the state does not recognize the marriage, it is assumed that the state will not dissolve it).

In this case, the same-sex spouse would file in the superior court in the county where the marriage was entered. ¹

¹ Ann.Cal.Fam.Code § 2320

What are the grounds for divorce or legal separation in California?

You can file for divorce or for legal separation in California based on either of the following grounds (reasons):

1. Irreconcilable differences, which have caused the permanent breakdown of the marriage; or

2. Permanent legal incapacity to make decisions.¹ For this ground, there needs to be proof (competent medical or psychiatric testimony) that the spouse was at the time the petition was filed, and still is, lacking the legal capacity to make decisions.²

¹ Ann.Cal.Fam.Code. § 2310
² Ann.Cal.Fam.Code. § 2312

Can I get spousal support? What factors will a judge consider?

Spousal support, also known as alimony, is financial support paid by, or to, your spouse. The goal of alimony in California is to allow the party who gets alimony to be self-supporting within a 'reasonable period" of time. For marriages that lasted less than ten years, a "reasonable period" is considered to be half of the length of the marriage. ¹ However, the judge is not limited by this and may order support for a shorter or longer period of time. ²

The judge will consider certain factors to determine a fair alimony award. These factors include, but are not limited to:

the extent to which the earning capacity of you and your spouse is sufficient to maintain the standard of living that was established during the marriage, while considering:

the marketable skills you might have;

the job market for those skills;

the time and cost required for you to get the necessary education or training to develop those skills;

the possible need for retraining or education to get more marketable skills; and

how much your present or future earning capacity may have been restricted based on periods of unemployment during the marriage for the purpose of you taking care of household duties;

the amount that you contributed to your spouse getting an education, training, career position, or a license;

the ability of your spouse to pay alimony, considering his/her earning capacity, earned and unearned income, assets, and standard of living;

the needs of you and your spouse based upon the standard of living established during the marriage;

the obligations and assets of you and your spouse, including non-marital property;

the length of the marriage;

your ability to work without interfering with the interests of the children in your custody;

the age and health of you and your spouse;

the immediate and specific tax consequences to you and your spouse;

hardships facing you and your spouse;

all documented evidence of any history of domestic violence (as defined by law) between the parties or committed by either party against either party's child. The type of documented evidence the judge will consider includes (but is not limited to):

a plea of "nolo contendere;"

the emotional distress resulting from the violence committed against you (the person receiving alimony) by your spouse;

any history of violence that you (the person receiving alimony) may have committed against your spouse (the person paying alimony);

if a protective order was after a hearing under this section of the law;

a determination (finding) made by a judge in a divorce, separation, child custody proceeding, or domestic violence restraining order proceeding that a spouse committed domestic violence; and

any other factors that the judge determines are fair and just.³

Note: If the person requesting alimony has been criminally convicted of misdemeanor domestic violence, felony domestic violence, or a violent sexual felony against his/her spouse within a certain timeframe, this will affect whether or not the judge awards him/her spousal support. ⁴ For more information, see If my spouse was convicted of abusing me, can I be ordered to pay him/her spousal support? What if I was wrongfully convicted of abusing my spouse but I am the real victim?

¹ Cal. Fam. Code §§ 4320(l); 4336(b)
² Cal. Fam. Code § 4320(l)
³ Cal. Fam. Code § 4320(a)-(k),(n)
⁴ Cal. Fam. Code §§ 4320(m); 4324.5(a)(1); 4325

If my spouse was convicted of abusing me, can I be ordered to pay him/her spousal support? What if I was wrongfully convicted of abusing my spouse but I am the real victim?

The law regarding whether or not you can be ordered to pay spousal support to an abusive spouse is slightly different based on whether the conviction was a misdemeanor or a felony.
For misdemeanor convictions
If your spouse was convicted of a misdemeanor act of domestic violence against you within the five years before you filed for divorce or at any time while the divorce is pending, there is a "rebuttable presumption" against you paying spousal support and his/her attorney's fees. What this means is that the judge is supposed to assume that you should not be ordered to:

pay him/her temporary or permanent spousal support; and

pay his/her attorney's fees from your separate property (although payment can come from the community assets).¹

However, the convicted spouse can present evidence to convince the judge to change his/her mind. ¹

Note: If you were the real victim of abuse but you were convicted of domestic violence against your abusive spouse, the judge can consider any documented evidence of your history as a victim of domestic violence. With that proof, the judge can decide to not follow these guidelines and can still order your abusive spouse to pay you spousal support. ²

For purposes of this law, a domestic violence misdemeanor is when a spouse commits a misdemeanor act of "abuse" (as defined by law). ³
For felony convictions
If your spouse was convicted of a violent sexual felony or a domestic violence felony against you and you file for a divorce within five years of the conviction and of any time in prison, on probation, or on parole, you can not be ordered to pay spousal support. Also, you cannot be required to pay any attorney's fees of the convicted spouse out of your separate property (but the fees can be paid from the community assets). ⁴

For purposes of this law, a domestic violence felony is when a spouse commits a felony act of "abuse" (as defined by law). ⁵

For purposes of this law, the following crimes are considered violent sexual felonies:

rape (as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262);

sodomy as defined in subdivision (c) or (d) of Section 286;

oral copulation as defined in subdivision (c) or (d) of Section 288a;

sexual penetration as defined in subdivision (a) or (j) of Section 289; or

rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.⁵

If your spouse was convicted of attempted murder or solicitation of murder against you, the judge is not only prohibited from ordering you to pay any temporary or permanent spousal support, but you also the abuser is prohibited from getting any medical, life, or other insurance benefits or payments from you. ⁶

Note: If you were the real victim of abuse but you were convicted of of felony domestic violence or a violent sexual felony against your abusive spouse, the judge can consider any documented evidence that your abusive spouse committed domestic violence (as defined by the law) or one of the above-listed violent sexual offenses against you. With that proof, the judge can decide to not follow these guidelines and can still order your abusive spouse to pay you spousal support. ⁷

¹ Cal.Fam.Code § 4325(a)(1), (a)(2)
² Cal.Fam.Code § 4325(b)
³ Cal.Fam.Code § 4325(e)(1)
⁴ Cal.Fam.Code § 4324.5(a)
⁵ Cal.Fam.Code § 4324.5(b); Cal.Penal.Code § 667.5(c)(3),(4),(5),(11),(18)
⁶ Cal.Fam.Code § 4324
Cal.Fam.Code § 4324.5(c)

What are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps:

First, you must meet the residency requirements of the state in which you wish to file.

Second, you must have "grounds" (a legally acceptable reason) to end your marriage.

Third, you must file divorce papers and have copies sent to your spouse.

Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. This is called "contesting the divorce." In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, he should sign the papers and send them back to you and/or the court. This is called an "uncontested divorce." If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.

Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.

Where can I find additional information about divorce?

We hope the following links to outside sources may provide helpful information.

The California Courts website provides the following resources concerning divorce:

information about summary dissolution;

facts about annulment;

information about spousal/partner support; and

links to court forms that you may need if you wish to get a divorce in California.

WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.

What are the residency requirements to file for divorce in California?

You or your spouse must have been a resident in the state of California for at least six months and a resident in the county where the divorce is going to be filed for at least three months prior to filing for divorce, except in the case of same-sex marriages. ¹

Spouses of the same sex can get a judgment for divorce, nullity, or legal separation even if neither spouse is a resident of California at the time the proceedings if:

the marriage was entered in California; and

neither spouse lives in a state that will dissolve the marriage (Note: If the state does not recognize the marriage, it is assumed that the state will not dissolve it).

In this case, the same-sex spouse would file in the superior court in the county where the marriage was entered. ¹

¹ Ann.Cal.Fam.Code § 2320

What are the grounds for divorce or legal separation in California?

You can file for divorce or for legal separation in California based on either of the following grounds (reasons):

1. Irreconcilable differences, which have caused the permanent breakdown of the marriage; or

2. Permanent legal incapacity to make decisions.¹ For this ground, there needs to be proof (competent medical or psychiatric testimony) that the spouse was at the time the petition was filed, and still is, lacking the legal capacity to make decisions.²

¹ Ann.Cal.Fam.Code. § 2310
² Ann.Cal.Fam.Code. § 2312

Can I get spousal support? What factors will a judge consider?

Spousal support, also known as alimony, is financial support paid by, or to, your spouse. The goal of alimony in California is to allow the party who gets alimony to be self-supporting within a 'reasonable period" of time. For marriages that lasted less than ten years, a "reasonable period" is considered to be half of the length of the marriage. ¹ However, the judge is not limited by this and may order support for a shorter or longer period of time. ²

The judge will consider certain factors to determine a fair alimony award. These factors include, but are not limited to:

the extent to which the earning capacity of you and your spouse is sufficient to maintain the standard of living that was established during the marriage, while considering:

the marketable skills you might have;

the job market for those skills;

the time and cost required for you to get the necessary education or training to develop those skills;

the possible need for retraining or education to get more marketable skills; and

how much your present or future earning capacity may have been restricted based on periods of unemployment during the marriage for the purpose of you taking care of household duties;

the amount that you contributed to your spouse getting an education, training, career position, or a license;

the ability of your spouse to pay alimony, considering his/her earning capacity, earned and unearned income, assets, and standard of living;

the needs of you and your spouse based upon the standard of living established during the marriage;

the obligations and assets of you and your spouse, including non-marital property;

the length of the marriage;

your ability to work without interfering with the interests of the children in your custody;

the age and health of you and your spouse;

the immediate and specific tax consequences to you and your spouse;

hardships facing you and your spouse;

all documented evidence of any history of domestic violence (as defined by law) between the parties or committed by either party against either party's child. The type of documented evidence the judge will consider includes (but is not limited to):

a plea of "nolo contendere;"

the emotional distress resulting from the violence committed against you (the person receiving alimony) by your spouse;

any history of violence that you (the person receiving alimony) may have committed against your spouse (the person paying alimony);

if a protective order was after a hearing under this section of the law;

a determination (finding) made by a judge in a divorce, separation, child custody proceeding, or domestic violence restraining order proceeding that a spouse committed domestic violence; and

any other factors that the judge determines are fair and just.³

Note: If the person requesting alimony has been criminally convicted of misdemeanor domestic violence, felony domestic violence, or a violent sexual felony against his/her spouse within a certain timeframe, this will affect whether or not the judge awards him/her spousal support. ⁴ For more information, see If my spouse was convicted of abusing me, can I be ordered to pay him/her spousal support? What if I was wrongfully convicted of abusing my spouse but I am the real victim?

¹ Cal. Fam. Code §§ 4320(l); 4336(b)
² Cal. Fam. Code § 4320(l)
³ Cal. Fam. Code § 4320(a)-(k),(n)
⁴ Cal. Fam. Code §§ 4320(m); 4324.5(a)(1); 4325

If my spouse was convicted of abusing me, can I be ordered to pay him/her spousal support? What if I was wrongfully convicted of abusing my spouse but I am the real victim?

The law regarding whether or not you can be ordered to pay spousal support to an abusive spouse is slightly different based on whether the conviction was a misdemeanor or a felony.
For misdemeanor convictions
If your spouse was convicted of a misdemeanor act of domestic violence against you within the five years before you filed for divorce or at any time while the divorce is pending, there is a "rebuttable presumption" against you paying spousal support and his/her attorney's fees. What this means is that the judge is supposed to assume that you should not be ordered to:

pay him/her temporary or permanent spousal support; and

pay his/her attorney's fees from your separate property (although payment can come from the community assets).¹

However, the convicted spouse can present evidence to convince the judge to change his/her mind. ¹

Note: If you were the real victim of abuse but you were convicted of domestic violence against your abusive spouse, the judge can consider any documented evidence of your history as a victim of domestic violence. With that proof, the judge can decide to not follow these guidelines and can still order your abusive spouse to pay you spousal support. ²

For purposes of this law, a domestic violence misdemeanor is when a spouse commits a misdemeanor act of "abuse" (as defined by law). ³
For felony convictions
If your spouse was convicted of a violent sexual felony or a domestic violence felony against you and you file for a divorce within five years of the conviction and of any time in prison, on probation, or on parole, you can not be ordered to pay spousal support. Also, you cannot be required to pay any attorney's fees of the convicted spouse out of your separate property (but the fees can be paid from the community assets). ⁴

For purposes of this law, a domestic violence felony is when a spouse commits a felony act of "abuse" (as defined by law). ⁵

For purposes of this law, the following crimes are considered violent sexual felonies:

rape (as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262);

sodomy as defined in subdivision (c) or (d) of Section 286;

oral copulation as defined in subdivision (c) or (d) of Section 288a;

sexual penetration as defined in subdivision (a) or (j) of Section 289; or

rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.⁵

If your spouse was convicted of attempted murder or solicitation of murder against you, the judge is not only prohibited from ordering you to pay any temporary or permanent spousal support, but you also the abuser is prohibited from getting any medical, life, or other insurance benefits or payments from you. ⁶

Note: If you were the real victim of abuse but you were convicted of of felony domestic violence or a violent sexual felony against your abusive spouse, the judge can consider any documented evidence that your abusive spouse committed domestic violence (as defined by the law) or one of the above-listed violent sexual offenses against you. With that proof, the judge can decide to not follow these guidelines and can still order your abusive spouse to pay you spousal support. ⁷

¹ Cal.Fam.Code § 4325(a)(1), (a)(2)
² Cal.Fam.Code § 4325(b)
³ Cal.Fam.Code § 4325(e)(1)
⁴ Cal.Fam.Code § 4324.5(a)
⁵ Cal.Fam.Code § 4324.5(b); Cal.Penal.Code § 667.5(c)(3),(4),(5),(11),(18)
⁶ Cal.Fam.Code § 4324
Cal.Fam.Code § 4324.5(c)

What are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps:

First, you must meet the residency requirements of the state in which you wish to file.

Second, you must have "grounds" (a legally acceptable reason) to end your marriage.

Third, you must file divorce papers and have copies sent to your spouse.

Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. This is called "contesting the divorce." In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, he should sign the papers and send them back to you and/or the court. This is called an "uncontested divorce." If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.

Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.

Where can I find additional information about divorce?

We hope the following links to outside sources may provide helpful information.

The California Courts website provides the following resources concerning divorce:

information about summary dissolution;

facts about annulment;

information about spousal/partner support; and

links to court forms that you may need if you wish to get a divorce in California.

WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.

# data[].attributes.attachment_link.description
This section has basic information about divorce in California. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page.

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Definition from Nolo's Plain-English Law Dictionary

A divorce in which one party obtains a judgment of divorce based on the other party's failure to file a response to the divorce petition. A default divorce can be obtained when one spouse truly can't find the other or when the second spouse refuses to participate in the divorce action, or when the parties agree to enter a default as part of an uncontested divorce proceeding. (See also: uncontested divorce)

Definition provided by Nolo's Plain-English Law Dictionary.

# data[].attributes.attachment_link.description
A divorce in which one party obtains a judgment of divorce based on the other party's failure to file a response to the divorce petition. A default divorce can be obtained when one spouse truly can't find the other or when the second spouse refuses to participate in the divorce action, or when the parties agree to enter a default as part of an uncontested divorce proceeding.

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Community Property vs. Separate Property: Which Is Which?

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Community Property vs. Separate Property: Which Is Which?

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One of the primary considerations for any couple contemplating a divorce is how their property will be divided. While the question seems rather simple on its surface, it can become fiendishly complicated, as most couples own some property as individuals and other property jointly as a couple. Before negotiations on property division can begin, you must determine which is which. To do this, California law splits all property into "separate property" and "community property." The term "property" includes real property, personal property, income, debts, pensions, businesses, life insurance policies, and anything else that has value.

Separate Property

Separate property is property that one spouse owns in his or her own right as an individual. It includes:

Property owned before the marriage

Property acquired after the date of separation

Inheritances or gifts from third parties received by the spouse during the marriage

Rents, profits, and other income earned from separate property

Property that the spouse purchases with his or her separate property

Separate property remains the property of the spouse who owns it during the marriage. So long as that property is kept separate during the marriage, it is typically not subject to division upon divorce.

Community Property

The law treats a marriage as the joining of two individual persons into one legal "community." Therefore, any property that either spouse acquires during the marriage is considered to be owned by that community (i.e., jointly). This includes:

Wages earned by either spouse during the marriage

Property purchased by either spouse with money earned during the marriage

Financial obligations either spouse accumulates during the marriage

Contributions to either spouse's pension plan made during the marriage

Businesses started by either spouse during the marriage

In community property states like California, each spouse owns one half of the community property, which is then typically divided equally upon divorce.

What about Commingled Assets?

The line between separate property and community property is not always clear. In some cases, property can become partially separate property and partially community property through "commingling." This can occur in several ways. For example, commingling can occur when one spouse owns a home before the marriage but then uses marital funds to pay the mortgage or make improvements, which add to the value of the house. In that case, the house is separate property, but the increased equity in the house is community property. Commingling can also occur when a spouse makes contributions to his or her retirement plan both before the marriage (separate property) and during the marriage (community property). Division of commingled assets in a divorce can be especially tricky and normally requires the assistance of an attorney.

Contact our Orange County Property Division Lawyers for More Information

Property division in a divorce - especially for high net-worth couples - can be extremely complex and often acrimonious. To ensure the most advantageous outcome possible, you should seek the assistance of counsel to represent your interests during a divorce. To get started, please contact our Orange County property division lawyers by calling us at 949-474-0800.

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Community Property vs. Separate Property: Which Is Which? | Seastrom Law

# data[].attributes.attachment_link.description
One of the primary considerations for any couple contemplating a divorce is how their property will be divided. While the question seems rather simple on its surface, it can become fiendishly complicated, as most couples own some property as individuals and other property jointly as a couple.

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Should I Pursue a Divorce During the Pandemic?

# data[].attributes.subject
Should I Pursue a Divorce During the Pandemic?

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It's unlikely that you made the decision to divorce lightly, so if you've taken steps to end your marriage, you are likely ready to get it done as quickly as possible. However, pursuing your divorce during a global pandemic might just be too much stress for anyone to handle. Between California court closures and socially-distanced attorney meetings, deciding whether or not to move forward with your divorce during the COVID-19 crisis becomes complicated.

While getting a divorce during this unprecedented time will be more complicated, it won't be impossible. You'll simply have to decide for yourself whether this next chapter of your life simply cannot wait. To help you make this critical decision, we're answering some of the most frequently asked questions about getting a divorce during a pandemic.

Can I meet with my Irvine family law attorneys over the phone or on Zoom?

Fortunately, today's technology does allow face-to-face conversations with your trusted Irvine family law attorneys to proceed as planned. While it may not be what you imagined, you will still have the opportunity to speak one-on-one with your attorney and strategize the best approach for getting your divorce done quickly and efficiently. Nearly all family law offices have updated their technology to offer this important option instead of in-person meetings. Choosing this option ensures both you and your attorney remain safe.

How will the court system's response to COVID-19 affect my case in the courts?

Unfortunately, the pandemic has caused a wide variety of courts to shut down until further notice, and this is undoubtedly the case with California courts in most districts. Unfortunately, you need to be prepared for drastic slowdowns in processing times, continuances, or postponements and anticipate that many hearings will be set for later dates. Though the courts may allow some cases to proceed telephonically, whether or not you will want to proceed in such a manner will depend on the circumstances of your case.

We recommend you pay close attention to ongoing announcements coming from each of the California court districts. If you're divorcing in Orange County, you can for more information about the court district's response to COVID-19. Otherwise, speak with your attorney to determine whether you can proceed to mediation and avoid court hearings altogether - depending on how contentious your divorce is, this might be the best approach.

I haven't officially started the process of divorce yet. Should I just wait until the threat of the pandemic subsides?

While there may be additional red tape to push through and you will likely experience delays no matter what, waiting to initiate your divorce simply means that you will be delaying the process even further. Our Irvine family law attorneys do not recommend waiting. Why? Consider the fact that the court's closure is creating a backlog of cases that will need to be heard in their filing order. Waiting to file your divorce means you will be added to the back of a very long line - you might as well get your filing in now, so the proceedings are underway once we return to some sense of normality. our office today to discuss your legal rights and options.

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Should I Pursue a Divorce During the Pandemic? | Seastrom Law

# data[].attributes.attachment_link.description
It's unlikely that you made the decision to divorce lightly, so if you've taken steps to end your marriage, you are likely ready to get it done as quickly as possible. However, pursuing your divorce during a global pandemic might just be too much stress for anyone to handle.

# data[].attributes.headline
How COVID-19 Is Impacting California Courts

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How COVID-19 Is Impacting California Courts

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Cheryl Miller |

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How COVID-19 Is Impacting California Courts: Roundup of Services | The Recorder

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The COVID-19 pandemic has spawned unprecedented challenges for Americans, who over the last five months have had to deal with layoffs, school closures, event cancellations and more. Though these are certainly some of the more talked-about results of a pandemic that has irrevocably altered the American way of life, the stay-at-home orders are also bringing about an enormous set of challenges for couples all over the U.S. According to family attorneys working all across the nation, a spike in is beginning to emerge and may only become exacerbated as the coronavirus pandemic continues to rage on.

This is especially true in California - where strict social distancing measures continue to be in place, and couples suddenly find themselves spending too much time together and not enough time socializing with other friends, distracting themselves with work, or juggling family and household tasks. If you're one of the many couples facing insurmountable challenges and are considering divorce as the only viable option, consider speaking with an Irvine divorce attorney who can guide you through the process.

Accounting for the Discord

It's long been established that spending too much time with your spouse can lead to marital discourse and its eventual doom. A from the University of Washington reveals that divorces usually increase after the summer months or the holiday season when couples are together for longer periods of time (in fact, January is often referred to as divorce month!)

Recent reports out of China only confirm these findings, suggesting that the pandemic's lockdown measures led to a substantial increase in divorces among Chinese couples living in central China - one of the hardest-hit areas of the pandemic. The cities of Xian and Dazhou reported record-high numbers of divorce filings early in March, according to a recent Bloomberg report .

Conversely, taking too much time apart can also lead to strife among couples, and that's an additional side effect of the pandemic for couples who were perhaps separated due to travel restrictions at the time that the lockdowns began occurring. What's more, the pandemic has acted as an ever more pressing reminder of a couple's dysfunction - it's not necessarily that spending more time together leads to more discord, but rather that this extra time brings to the surface deeper rooted issues affecting the relationship, such as incompatibility, infidelity and constant conflict.

There are a variety of factors that could influence whether a couple will be able to survive COVID-19 together. The age at which the couple married, whether or not they have a stable financial situation post-pandemic, and whether or not they have the emotional and intellectual maturity to confront these issues head-on. Whatever the case may be, California attorneys are already seeing a spike in divorces due to the coronavirus pandemic, and it's unlikely that this spike won't continue well beyond the point at which the pandemic finally comes to an end.

Considering Divorce? Here's What You Should Do

If you've arrived at the conclusion that divorce is truly your only option, then there are a variety of steps you can take to ensure the dissolution of your marriage is resolved as quickly as possible. To begin with, if you're planning on getting divorced in California, make sure that you have been a resident of the state for at least six months, and plan to file within a county in which you have lived for at least three months. Residency requirements are essential to complete your divorce in California, so be sure you meet those requirements before you initiate your divorce.

If the marriage resulted in children, determining child custody and support will be one of the most pressing and important steps to finalizing your divorce. Oftentimes, parents agree to share custody, but in some circumstances, sole custody is sought when one parent poses a particular threat to the family. Regardless of who will end up with custody - shared or otherwise - some parents may find that they won't be able to support their child on their salary alone. If you think you might need temporary child support or alimony while your divorce is being finalized, you can petition for such a request by completing a specific set of forms.

You'll also want to determine whether you and your spouse can file for what is known in California as a summary divorce, a proceeding in which the divorce and its terms are valid immediately following the closing of the proceeding. This type of divorce can only be accomplished if the marriage dissolution is uncontested, there are no children, and there is no real property that forms part of the marriage.

Next, you'll want to begin the difficult process of gathering information related to your marriage, in an effort to determine what your divorce agreement will ultimately look like. You'll need to have documentation that proves both your and your spouse's individual earnings, the assets you own - both as a couple and separately, and how much you owe in debt to creditors. You'll need copies of documents such as bank and investment statements, mortgage and loan documents, pay stubs, W-2 forms and tax returns, deeds, vehicle and watercraft titles, life and health insurance documents, utility bills, and proof of ownership and appraisals for antiquities, art, collectibles, and valuable jewelry. In addition, you'll want to calculate approximately how much your monthly expenses amount to, so you can calculate how much you will need after the divorce.

Once you have gathered all of this information and assessed whether all of the property and debt can be attributed as part of the marriage, you will likely begin negotiating with your spouse the appropriate division of your property, debt, and assets.

Get the Help You Need From Our Irvine Divorce Attorney

At this point in time, you might want to consider hiring an attorney - particularly if your marriage has a particular complex web of property and debt and would require the counsel and expertise of a knowledgeable attorney. Negotiating with your spouse at a moment when tensions are already flaring - due to the pandemic, the divorce, and more - can be daunting. our Irvine divorce attorney today.

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The Spike in Divorces After COVID-19 | Seastrom Law

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The COVID-19 pandemic has spawned unprecedented challenges for Americans, who over the last five months have had to deal with layoffs, school closures, event cancellations and more. Though these are certainly some of the more talked-about results of a pandemic that has irrevocably altered the American way of life, the stay-at-home orders are also bringing about an enormous set of challenges for couples all over the U.S.

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Find information and instructions on filing for divorce or legal separation to end your marriage or domestic partnership (or both), with a step-by-step guide to filling out and filing your papers in court. Access the forms you will need and resources where you can get help.

Prepare for Filing Your Case
Learn about the requirements to file for divorce or legal separation to end your marriage or domestic partnership (or both), and where to get help.

Get step by step instructions on filing your divorce or legal separation case, with links to forms, instructions, and where to get help.

Find all the forms you will need to file your divorce or legal separation case, with links to the forms and instructions where available.

Frequently Asked Questions
Read answers to common questions related to filing for divorce or legal separation.

Common divorce and legal separation topics:

RELATED INFORMATION

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Find information and instructions on filing for divorce or legal separation to end your marriage or domestic partnership (or both), with a step-by-step guide to filling out and filing your papers in court. Access the forms you will need and resources where you can get help.

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6 Articles You Must Read If Going Through a Divorce

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6 Articles You Must Read If Going Through a Divorce

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Divorce is a difficult process, and it can seem overwhelming at times. The mountains of paperwork, the numerous laws and situations that can arise, hiring an attorney, the challenge of maintaining a civil relationship with your ex-partner--it's a lot to take on while simultaneously dealing with the heartbreak of a marriage ending.

When couples first embark on the divorce process, many are unsure of where to start. This guide was created to help those in the situation cut through some of the confusion and make the entire process feel a little more manageable. Whether you are getting ready to file or finalize, the information in the articles below can help make your transition to single life go as smoothly as possible.

6 Articles You Must Read If Going Through a Divorce

1. If You Don't Feel Prepared

Nobody is truly prepared for a divorce, but if you are feeling completely lost, this article is for you: How To Prepare For Divorce. It provides expert advice on how to emotionally and financially prepare for divorce, and the questions to ask yourself going in. Organization and planning are key to being able to make the separation process go as peacefully as possible.

2. If You Have Children

Separating from a spouse when you have children with them adds another layer of difficulty to your divorce case. Not only do you have to come to agreements regarding custody, child support, and visitation, you also have to minimize the strain it causes your children to see their parents splitting up. A Parenting Guide to Divorce breaks down how to approach the divorce topic with your children depending on their age, how to establish equitable parenting time, and how to effectively co-parent with a minimum of hostility.

3. If You Own a Business

Splitting up community property is another one of the challenging parts of the divorce process. This becomes even more complicated if one of the parties is a business owner. How much of the business belongs to them, and how much to their spouse? These Steps to Protect Your Business During a Divorce provides an overview of what to consider when dividing assets, and how to keep control of your business.

4. If You Need to Sell Your House

If there is joint property involved, you and your spouse will need to come to an agreement as to whether one party can keep the property, or if it will be sold so that the proceeds can be divided. The latter is a common choice that provides an equitable division and a clean break. If you decide to go that route, you should read How to Sell A House During a Divorce. This step-by-step guide takes you through every stage, from choosing an agent, to preparing the property, to closing the sale.

5. If You're Worried About the Expense of Divorce

Divorce can be an expensive process, and many worry about legal fees, and if they can even afford to hire an attorney. If you're on the fence about seeking legal representation, read over the information in How Much Are Divorce Attorney Fees and Is It Worth the Investment? It provides a variety of options, information on how an attorney can save you money, and how to minimize your divorce expenses.

6. If You Need a Laugh

Divorce can be a long and stressful ordeal, and sometimes you just need to take a moment to laugh and relax. These 38 Divorce Memes That Prove You Made the Right Decision can add a little levity to the situation, and perhaps make you feel vindicated in your choice to end your marriage.

The More You Know

Educating yourself about how the divorce process works can help protect your interests and minimize conflict. While it is wise to consult experts, conducting your own research can help empower you to feel confident about the process, instead of confused and overwhelmed.

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6 Articles You Must Read If Going Through a Divorce

# data[].attributes.attachment_link.description
Divorce is a difficult process, and it can seem overwhelming at times. The mountains of paperwork, the numerous laws and situations that can arise, hiring an attorney, the challenge of maintaining a civil relationship with your ex-partner--it's a lot to take on while simultaneously dealing with the heartbreak of a marriage ending.