How to Serve Divorce Papers in California

June 5, 2017August 13, 2020
by Angie

When you initiate the divorce process, you’re supposed to let your spouse know—and you do that by service. California law says that you must give the other party formal notice that you’ve begun the legal process; the legal way to do that is by having him or her served with a copy of the same paperwork you filed with the court. Technically, it’s called service of process—but most people simply call it “serving divorce papers.”

How to Serve Divorce Papers in California

It’s important to understand that the judge in your case can’t make any judgments or create any permanent orders until you’ve served the divorce papers to the other party.

Your Stockton divorce lawyer will explain the ways to serve divorce papers, but if you haven’t yet had your initial divorce consultation (or the meetings that come after that), here’s a quick run-down.

Using a Process Server to Serve Divorce Papers

Under California law, any of the following people can serve divorce papers on your spouse by hand-delivering them (as long as the person you choose meets the right criteria), which is called personal service. You may use a:

Friend
Relative
Coworker
County sheriff or marshal
Professional process server

You can also use anyone who’s over the age of 18 who isn’t part of your divorce case.

In order to use one of the people listed here as a process server, he or she must be at least 18 and cannot be part of your divorce case. The person you use must serve the paperwork during the appropriate amount of time, fill out a proof of service form, and return the proof of service form to you so you can give it to your lawyer or file it with the court. The proof of service form tells the court who was served, when it happened, where it happened, and how it happened.

Other Ways to Serve Divorce Papers

You can also serve divorce papers on your soon-to-be ex-spouse in several other ways, including:

By mail. A person who is not part of the case must mail the documents to the other party.
Substituted service. You can only use substituted service when you have made several attempts to personally serve the other party and each attempt has failed; substituted service involves leaving the papers with someone else at the other party’s house.
Service by publication. You need the court’s permission to serve by publication, which involves publishing the summons and complaint in a newspaper where the other party is likely to be.
Service by posting. If you don’t know where your spouse is, you can ask the court for permission to post notice at the courthouse. However, the state of California has special requirements for service by posting.

Your attorney will walk you through the best way to serve your spouse with divorce papers; this isn’t a decision you have to make on your own (or one that you need to make right now, for that matter).

Do You Need to Talk to a Stockton Family Lawyer About Divorce?

If you need to talk to a divorce attorney in Stockton, we’re here to help. Call us at 209-910-9865 for a consultation. The sooner you call us, the sooner we can begin developing the strategy that gets you the best possible outcome in your case.

Divorce

I Want a Divorce: Common Reasons Couples Split

May 15, 2017August 13, 2020
by Angie

“I want a divorce.”

If you’re here, you’ve either said it or heard it very recently.

And you’re not alone.

Some of the most common reasons couples split up, whether they’re married or dating, may be affecting you—and it may make it easier on you to know that others have experienced something similar.

In our practice as Stockton family law attorneys, we’ve helped many clients through the difficulties of divorce. During the past several years, we’ve discovered that there are some very common themes that run through many divorces. Unfortunately, it’s rare that both spouses are at the same emotional stage of divorce—and one spouse is left reeling, wondering what happened.

If that’s you, the themes we’ve observed may be helpful in understanding how you got here today.

“I Want a Divorce”: Why Couples Split

You don’t need grounds for divorce in California. We live in a no-fault divorce state, which means you don’t have to give the courts a specific reason in order for a judge to grant your divorce. However, statistics show that some reasons are far more common than others are. (Substance abuse and addiction, physical and emotional abuse, or infidelity are completely separate issues.)

Some of the most common reasons people divorce include:

Lack of individual identity
Getting lost in your role
Having differing visions for your marriage and your family
Lack of intimacy
Disappointments and unmet expectations
Money
Poor conflict resolution

“I Want a Divorce Because I Lost My Identity.”

Some couples become co-dependent. In many cases, only one spouse is co-dependent, which causes the loss of his or her sense of self-worth, identity, and self-esteem. Sometimes, the other spouse doesn’t know how to deal with the co-dependency—or recognize that they’re the cause.

“I Want a Divorce Because I Can’t Remember Why We Got Married in the First Place.”

Many people, including those who have dedicated several years to raising children, lose sight of what made their marriage special in the first place. When one or both spouses lose sight of what happened in the beginning, irreconcilable differences often develop.

“I Want a Divorce Because We Don’t See Eye-to-Eye.”

It can be tough to notice when your expectations (and intentions) change during marriage, but in many cases, that’s exactly what happens. You and your spouse may have differing visions for your marriage, your family, and your personal successes.

“I Want a Divorce Because We’re No Longer Intimate.”

Intimacy isn’t just about sex; it’s about emotions, too. Many couples find that between the pressures of everyday life and their regular obligations, intimacy evaporates over time. It’s not unheard of for one spouse to become more frustrated over this than the other; in fact, it happens fairly frequently.

“I Want a Divorce Because This Isn’t What I Signed Up For.”

When circumstances change, some people back away—and they don’t want to recognize that circumstances have changed. In many cases, this disillusionment leads to divorce.

“I Want a Divorce Over Money.”

Most people who divorce over money don’t do so because they have no money; they divorce because they’re not financially compatible. Conflict over money is inevitable in a marriage, but sometimes, those conflicts aren’t easy—or even possible—to resolve.

“I Want a Divorce Because We Can’t Resolve These Problems.”

Certainly all couples disagree, but some couples build up resentment (sometimes over years) and what seem like minor disagreements in a healthy marriage are much bigger problems in an unhealthy one.

Do You Need to Talk to a Stockton Divorce Lawyer?

No matter what brought you here, you need to know that you’re not alone. We’ve helped many people through difficult situations like these, and we can help you, too.

Call us at 209-910-9865. You’ll be able to talk to a Stockton divorce lawyer who understands what you’re going through, and we’ll begin developing a strategy that gets you the best possible outcome.

Divorce

Contested vs. Uncontested Divorce in California

February 6, 2017March 23, 2020
by Anna Maples

Contested vs. Uncontested Divorce in California

California is a no-fault divorce state, which means that neither spouse has to prove that there was any misconduct on the part of the other. The only requirement for a no-fault divorce is that the couple state that they cannot get along. This is referred to in the courts as “irreconcilable differences.”

However, just because the divorce is based on irreconcilable differences doesn’t necessarily mean that the divorcing couple disagrees on how to divide the assets. When a couple can agree on how to divide all of their assets, the divorce is considered an “uncontested” divorce. When they disagree on any part of the division of assets, then the divorce is considered a “contested” divorce. However, the level and type of disagreement in a contested divorce can range from minor disagreements in a few areas to disagreement in every area. Each type of divorce presents different considerations and even couples who fully agree on most things might not be suited for an uncontested divorce. Likewise, couples who disagree on everything may still be candidates for an uncontested divorce.

Uncontested Divorce

In an uncontested divorce, the couple usually agrees on how to divide their marital property and provide for their children. An amicable and uncontested divorce is generally the simplest, easiest, and most cost effective form of divorce available. However, it’s important to keep in mind that divorce proceedings can be complex legal issues in even the most uncomplicated of marriages. An uncontested divorce settlement involves a lot of intricate components including the income of the couple, the source of that income, whether children are involved, the length of the marriage, and whether there is any animosity between the couple. Even if you and your spouse can agree on everything, an uncontested divorce may still not be in your best interest.

Who is a Good Candidate for an Uncontested Divorce?

Couples with little to no assets and no children;
Couples who agree on how to divide their assets, who will have physical custody of the children, who will have legal custody of the children, and how much, if any, child and/or spousal support should be provided.

Who is Not a Good Candidate for an Uncontested Divorce?

Marriages with physical or emotional abuse;
Marriages where child abuse is/was present;
When one spouse is, or is suspected of, hiding income and/or assets;
When one or both spouses are engaged in attempting to alienate the affections of the children;

In marriages with these types of issues, there is a very real possibility that the offending spouse may try to manipulate the other into an agreement that is more beneficial to them and it is not uncommon for the victim spouse to agree to an arrangement just to get out of the situation. While getting out of a bad situation is important, it is also important that you are legally protected when you do so. In these types of cases, it is extremely important that you have a neutral party available to give you sound legal advice and ensure that your interests are fully protected.

How Long Does an Uncontested Divorce Take in California?

How long does it take to get a divorce in California if both parties agree? Typically, it takes about 6 months. There’s a 6-month waiting period for anyone, whether the divorce is uncontested or contested, so you can’t get divorced any sooner than that.

Can I Get a Divorce in One Day?

You can’t get a divorce in one day in California. Once you’ve been through the mandatory 6-month waiting period, it’s possible that a judge could grant your divorce the next day – but even that could only happen if you and your spouse have an uncontested divorce and you agree on everything.

There is one small catch: If you and your spouse haven’t settled all the issues in your divorce but want to be divorced as quickly as possible, you can ask the court for a bifurcated divorce. That means the judge grants your divorce but lets you continue to work on some of the issues after the fact. This is the only way to expedite divorce in California.

How Do I File an Uncontested Divorce in California?

For most people, even if a divorce is uncontested, it’s a good idea to work with an attorney. The paperwork can be complicated, and if you end up having to go to court, you may want an experienced lawyer in your corner. However, if you choose to file an uncontested divorce in California on your own, you’ll have to:

Fill out the appropriate court forms
Make at least two copies of everything
Have your forms reviewed, if you’d like, by an attorney
File your forms with the right court clerk
Serve your papers on your soon-to-be ex-spouse
File a Proof of Service

Because the steps can also be confusing – and because you may want to ensure that your spouse isn’t trying to take advantage of you – you may want to consult with a lawyer about your options before you file.

Do I Need a Lawyer for an Uncontested Divorce?

Not necessarily. However, a divorce, under even the best of circumstances, can be difficult and complicated. Spouses who agree on most things may find a few issues that are sticking points or may find that as the process continues, the lines of communication begin to shut down. In addition, there may be areas in your divorce that need to be addressed that neither you nor your spouse had considered. Hiring an attorney can help you resolve issues that you are having a difficult time agreeing on and also bring your attention to areas about the division of assets and child and spousal support that you may not be aware of.

What if I Can’t Afford to Hire an Attorney?

If you can’t afford to hire an attorney, you can proceed pro se. A pro se divorce is a divorce that is initiated without the aid and advice of an attorney. This method is best suited for couples who have reached an agreement regarding all of the terms of their divorce. However, proceeding pro se is not recommended for couples who can’t come to an agreement as to how to divide their assets.

Additionally, proceeding pro se is not recommended for people who have experienced domestic violence or psychological harassment during their marriage. There is the very real possibility that the unequal dynamics of the marriage will reemerge in the divorce process, which could put one partner at a disadvantage in the divorce settlement. If you have suffered abuse during your relationship, it is in your best interest to seek legal advice from a qualified individual.

If you are short on funds, but need legal counsel, many attorneys offer limited scope representation. Limited scope representation allows you to hire an attorney to help you with just the areas where you need assistance rather than the entire divorce proceeding.

Can You File for Divorce Online in California?

You or your attorney must file physical paperwork in court. There’s no way to file online (although your attorney can send you paperwork through email).

Contested Divorce

A heavily contested divorce is the most difficult type of divorce. The relations between spouses can and do get volatile and disagreements can be compounded, extending the length of time the divorce proceeding lasts. Areas of disagreement can range from full disagreement on everything to minimal disagreement on some things. The more the couple disagrees, the more difficult it can be to come to an agreement about how to distribute the marital property and child rearing duties. In these types of divorces, it is imperative that you have a knowledgeable attorney available to ensure that your divorce settlement is fair and accurately represents your wishes.

Areas to Consider Before Deciding Which Type of Divorce is Right for You

Some of the major issues you and your spouse need to consider prior to initiating the divorce proceedings are:

Here’s a closer look at each.

Child Custody

California law favors joint physical and legal custody of children. (Physical custody concerns where the child will live while legal custody concerns who will make basic legal decisions for the child regarding the child’s healthcare, schooling, and other day to day activities.) How you and your spouse decide to divide your children’s time and expenses is generally up to you, the division does not have to be 50/50. However, the arrangement should be made in such a way that it preserves the child’s relationship both of his or her parents.

Some things to keep in mind when determining custody arrangements include:

The best method and arrangement to maintain the child’s relationship with each parent;
Each parent’s work schedule;
How to divide holiday schedules, birthdays and school vacations;
The physical and mental needs of the child;

Child Support

California courts determine how much child support needs to be paid according to specific guidelines. As a general rule, California bases child support payments on:

Amount of time spent with the child
The amount of money the parents earn
The number of children,
The tax filing status of each parent,
Health insurance expenses,
Daycare and uninsured health-care costs.
Any special needs of the children.

The guidelines present the minimum amount of basic care that parents must pay. However, parents may choose to pay an amount higher than that suggested by the court.

If you are interested in the finding out how much child support is recommended in your case, you can use the California Guideline Child Support Calculator.

Division of Assets

California is a community property state. In a community property state, all assets that a couple earns during the marriage, that are not considered separate property, are to be divided equally.

Assets you should consider are:

Any real estate you and your spouse own together;
Any real estate that was purchased in one spouse’s name using money from the marriage (this includes using any money earned through work that was done during the marriage);
Any income from an employer, including any benefits the employer offers (401(k)s, pensions, other perks that are part of an incentive package);
Income from self-employment;
Any stocks, bonds or other investments;
Any personal property, such as cars, jewelry, art objects;
Any retirement accounts or investment accounts;
Money earned from gambling, the lottery or other similar activities.

What exactly constitutes marital property and what constitutes separate property can be extremely difficult to determine. In many cases, property that was held by one spouse only may still be community property depending on how and when it was purchased. This is true even for property you are unaware of. If you and your spouse have a lot of assets, then it is in your best interest to seek legal advice prior to entering into any divorce agreements.

Division of Debts

Just like assets, all debts incurred during the marriage are considered community property. This means that both parties are responsible for repaying the debt. This includes mortgages, credit cards, student loans, car loans, etc. Even debt that your spouse incurred without your knowledge may be considered community property and you may be equally liable.

Do You Need to Talk to an Attorney About Contested vs. Uncontested Divorce in California?

Call us at 209-395-1605 for a consultation now. We’ll answer your questions and start building a strategy that gets you the best possible outcome.

Divorce

Divorce In California

January 4, 2016September 20, 2019
by Anna Maples

Hi! I’m Anna Maples, attorney with the Family Advocacy Center. Today, I want to talk about divorce in California.

Before you can file for divorce in California, you have to live in California for at least six months and in your county for at least three months. You also would need to know your date of marriage and date of separation.

Before filing for petition for divorce with the court, think if you want to ask immediate orders from the court. Examples of such immediate orders would be child custody and visitation determination, child support, temporary spouse support, exclusive use of family residence and other orders.

Once you’re ready to file, bring your paperwork to the local family court and pay the court fees.

The next step is to serve your spouse. It has to be done personally not by mail and by an individual who’s over the age of 18 and not you. Once your spouse is served, he or she has 30 calendar days to respond to your petition.

While you’re waiting for your spouse’s response, you can also see if you can counter any agreement as to the issues in your divorce. If you and your spouse can come to a mutual agreement regarding issues in your case, you can submit what is known as marital settlement agreement to the court. This will become your official order.

If you and your spouse cannot agree to one or more issues in your case, you will have to go to court in order to resolve the matter.

In California, you have to wait, six months and one day from the date your spouse has been served in order to be considered of single status. However, you can be proactive and decide all issues in the case during the six months period.

Remember, those issues can be decided amicably by agreement or through the court. Either way, you have to be proactive in order to finalize your divorce in California. You will not be automatically divorced by the court after six months and one day period will lapse.

Remember, divorce can be a complex processes dependent on the amount of issues present. These issues can include children, finances, debts, assets, businesses, etc.

At Maples Family Law, we help people resolve legal issues associated with divorce in California.

Tag: <span>Divorce Attorney</span>

How to Serve Divorce Papers in California

How to Serve Divorce Papers in California

Using a Process Server to Serve Divorce Papers

Other Ways to Serve Divorce Papers

Do You Need to Talk to a Stockton Family Lawyer About Divorce?

I Want a Divorce: Common Reasons Couples Split

“I Want a Divorce”: Why Couples Split

“I Want a Divorce Because I Lost My Identity.”

“I Want a Divorce Because I Can’t Remember Why We Got Married in the First Place.”

“I Want a Divorce Because We Don’t See Eye-to-Eye.”

“I Want a Divorce Because We’re No Longer Intimate.”

“I Want a Divorce Because This Isn’t What I Signed Up For.”

“I Want a Divorce Over Money.”

“I Want a Divorce Because We Can’t Resolve These Problems.”

Do You Need to Talk to a Stockton Divorce Lawyer?

Contested vs. Uncontested Divorce in California

Contested vs. Uncontested Divorce in California

Uncontested Divorce

Who is a Good Candidate for an Uncontested Divorce?

Who is Not a Good Candidate for an Uncontested Divorce?

How Long Does an Uncontested Divorce Take in California?

Can I Get a Divorce in One Day?

How Do I File an Uncontested Divorce in California?

Do I Need a Lawyer for an Uncontested Divorce?

What if I Can’t Afford to Hire an Attorney?

Can You File for Divorce Online in California?

Contested Divorce

Areas to Consider Before Deciding Which Type of Divorce is Right for You

Child Custody

Child Support

Division of Assets

Division of Debts

Do You Need to Talk to an Attorney About Contested vs. Uncontested Divorce in California?

Divorce In California

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