Tag: <span>Spousal Support</span>

Typical Alimony Payments: What You Need to Know

March 20, 2018August 14, 2020
by Angie

For many people going through a divorce in Stockton, there’s a very important question: What are typical alimony payments in California, and how long will I receive or make them?

Because alimony varies – both in amount and duration – in every divorce case, there’s no one-size-fits-all answer to that question. However, you can get a good idea about what your typical alimony payments will look like (whether you’re on the paying end or the receiving end) by talking to an attorney who can evaluate all the circumstances in your case. You can also get a ballpark idea by understanding the rules judges use to settle on an amount.

If you and your soon-to-be ex-spouse agree on alimony (also called spousal support), and if the judge finds that it’s fair in your case, you don’t need to worry about calculators or complicated figures – the judge will most likely sign off on your agreement.

How Judges Determine Typical Alimony Payments

Barring any special circumstances, your judge will evaluate several factors to determine how much you’ll pay or receive in spousal support, such as:

How long you were married
How much you need based on the standard of living you had during your marriage
How much each spouse is capable of paying toward their own standard of living
Whether getting a job would make it too hard to care for your children
How old and how healthy each of you are
How much debt you have
How much property you have
Whether there was domestic violence in your marriage
Whether one spouse helped the other obtain an education, training, career or professional license
What kind of tax impact alimony will have on each of you

The length of spousal support – how long the money will change hands – varies on a case-by-case basis. Generally, typical alimony payments last for half the length of a marriage that was less than ten years. (So if you were married for eight years, the courts will generally allow alimony for about four years; again, though, every case is different.)

Sometimes, in longer-term marriages lasting more than ten years, the courts don’t put an end date on alimony. Instead, they leave it to the paying spouse to prove later that spousal support is no longer necessary.

What Can You Expect in Court?

Your attorney can give you specific guidance based on how much you and your spouse earn, whether one of you doesn’t work and doesn’t intend to work, and what you can each contribute to your own standard of living. If you’re struggling right now because you’re not receiving money from your spouse – or if you’re struggling because you’re giving your spouse money before being ordered to pay alimony – talking to an attorney can help you figure out what to do next.

Do You Need to Talk to a Stockton Divorce Lawyer About Typical Alimony Payments?

Call us right away at 209-910-9865 to schedule a consultation with a Stockton divorce attorney who understands California’s alimony laws and the factors judges must consider when awarding payments. We’ll be able to help you.

Divorce

Debt and Divorce in California

March 6, 2018January 17, 2019
by Angie

The division of debt can be one of the most contentious issues of divorce, so it’s imperative that you work with a Stockton divorce lawyer who understands how to negotiate and who’s willing to fight hard for your rights.

But how is debt divided in a divorce in California, and what can you do to make the negotiation process easier?

Debt and Divorce in California

California is a community property state, which means there are two main types of property in – joint and separate. There’s another type of property classified as quasi-community property, as well, but it is less common than joint and separate property.

Debt is treated like property in a divorce in California.

Joint Debt

Joint debt, which is typically handled a lot like joint property is, is debt that you and your spouse accrued together during the course of your marriage.

Separate Debt

Separate debt, which is also handled like separate property is, is debt that you and your spouse brought into your marriage from the time you were single.

Quasi-Community Debt

Quasi-community debt refers to debts accrued by either spouse while they’re living outside the state of California that would ordinarily be considered community debt if it was accrued while the spouse was living in California.

Special Types of Debt

The courts apply special rules to some types of debt in a California divorce, including:

Student loans
Support payments from previous relationships
Criminal fines and restitution
Business debts

Student Loans

Family Code Section 2641 says that student loans are generally assigned to the spouse who obtained the education. However, if both partners substantially benefited from the education before they separated, sometimes the court assigns the debt to the spouse who did not obtain the education, or orders the two parties to split the debt in some way.

In some cases, the court orders the person who received the education to reimburse his or her spouse for contributions that the spouse made; that typically only happens when the other party didn’t substantially benefit from the education.

Support Payments From Previous Relationships

In a divorce, support payments from previous relationships – spousal support and child support – are assigned to the original person who owes them. If your spouse owes child support from a previous relationship, for example, you won’t have to pay any of it after your divorce, even if he or she is in arrears.

Criminal Fines and Restitution

If your spouse owes money for criminal fines or restitution, whether or not those debts were accrued during or before the marriage, are assigned to the spouse who incurred the debt.

Business Debt

If a business is partly community and partly separate property, division of the debt can be incredibly tricky. There are several methods used to value property and involved in dividing business debts, but in most cases, it’s best to work with a skilled, knowledgeable Stockton divorce lawyer who understands what professionals can help most.

Do You Need to Talk to an Attorney About Dividing Debts in Your Divorce?

If you’re divorcing and need to divide your debts, we can help you.

It’s our mission to help you reach a fair and just settlement, so please call us at 209-910-9865 or contact us online to schedule an appointment with an attorney.

Divorce

Uncontested Divorce in California

November 28, 2017January 17, 2019
by Angie

If you’re like many people, you’ve heard that there are two types of divorces: Contested and uncontested.

But what is uncontested divorce in California, and why does it matter?

What is Uncontested Divorce in California?

An uncontested divorce is one in which you and your spouse don’t fight in court – you come to a resolution on your own.

If you and your spouse have an uncontested divorce, it means that you have agreed on (or you have not disagreed on):

How to handle your property
What to do about your joint debts
Child custody and other parenting issues
Whether one of you will receive spousal support

In an uncontested divorce, you may not even need to have the court hear your case. You and your spouse, along with your Stockton divorce attorneys, can handle everything without appearing in court.

How Common Are Uncontested Divorces?

Uncontested divorces are fairly common in California – but they don’t always start out that way. In fact, many couples who don’t agree on much (or anything at all) find that after some time has passed, it’s a wiser choice to reach agreements on their own, with or without the help of a mediator. Sometimes the two spouses involved in a contentious divorce decide that it costs too much in legal fees, or realize that the divorce is dragging on for months waiting for a court date; in other cases, the couple realizes that if they don’t eventually agree, the judge will have to decide for them and they may not be happy with the outcome.

How to Handle Property and Debts in an Uncontested Divorce

You and your spouse may be able to negotiate who gets which property and what debts you’re each responsible for paying. If you can reach an agreement, the court will generally accept it – provided that it’s fair and equitable to both of you.

Property you brought into the marriage, or property that came to you through certain means (such as an inheritance) may belong to only you. It’s best if you talk to your attorney about how you and your spouse intend to divide your property before you make any commitments.

Child Custody and Parenting Issues in an Uncontested Divorce

The court will generally determine the amount of child support that changes hands during a contested divorce, but in an uncontested one, parents can agree to a fair amount of child support if the support is actually enough to meet the children’s needs and they:

Know their child support rights
Know how much California guidelines say they are entitled to receive
Aren’t on public assistance and have not applied for public assistance
Aren’t pressured or forced to agree to it
Believe that the amount is in the children’s best interests
Have a judge approve the amount of the payments

Spousal Support in an Uncontested Divorce

If you and your spouse agree to a fair amount of spousal support, the judge may sign off on it. Again, it’s best to talk to your attorney about spousal support if you plan to work out your own agreement with your ex, whether you’ll be the one paying it or the one receiving it.

Do You Need to Talk to a Divorce Lawyer in Stockton?

We welcome the opportunity to answer your questions about mediation and divorce-related issues such as custody, child support, spousal support, and the divorce process.

Call us at 209-910-9865 for a divorce case evaluation. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Divorce

San Joaquin County Divorce Basics

September 26, 2017January 17, 2019
by Angie

When you live in Stockton, San Joaquin County will process your divorce case.

But how does it all work, and what do you need to do if you’re ready to end your marriage?

You may want to talk to a San Joaquin County divorce attorney who can answer all your questions and give you legal advice.

San Joaquin County Divorce: The Basics

There are two ways to end a marriage in the state of California: divorce and annulment. Most people don’t qualify for annulment (nor do they want one, because an annulment can seriously limit your ability to collect spousal support, tie your hands when it comes to dividing your property, and even make custody issues more difficult).

Whether you’re going to file or your spouse has already filed, your paperwork will be processed through the San Joaquin County court system.

Divorce in San Joaquin County

Because Stockton falls under the San Joaquin County court system, your attorney will file your divorce paperwork through the Superior Court of California in Stockton.

You don’t need to prove fault to divorce in California. You only need to have irreconcilable differences. Even if your spouse was unfaithful or did something terrible to end your marriage, you don’t need a specific reason to dissolve your marriage.

Legal Requirements for a San Joaquin County Divorce

You must have lived in California for the past 6 months, and you must have lived in San Joaquin County for at least the past 3 months if you intend to file for divorce here.

Child Custody and Child Support

When it comes to child custody, it’s in your best interest to collaborate with your spouse and work out an arrangement that’s beneficial to your whole family. (If you and your spouse can’t agree, the judge assigned to your case will have to decide. While the judge will be as fair as possible and consider the best interests of the child, only you and your spouse know what’s really right for your family.)

Child support in San Joaquin County is the same as it is in the rest of the state. The courts will evaluate the parents’ finances and the children’s needs in determining how much money will change hands.

Spousal Support

Both parties to the divorce have the right to ask for spousal support. The court can order either spouse to pay – even while the divorce action is pending. (Pending means that the divorce has been filed but not yet granted.)

Support can be temporary or long-term. The court will look at both parties’ financial circumstances, the standard of living the couple enjoyed, and several other factors when determining how much money to order.

Do You Need to Talk to a San Joaquin County Divorce Lawyer?

If you’re thinking about divorce, or if your spouse has already filed for divorce, we can help.

Call us at 209-910-9865 for a case evaluation. You’ll talk to an experienced San Joaquin County divorce lawyer who will answer your questions about child custody, child support, spousal support, and other issues.

Divorce

Let’s Talk About Spousal Support in Stockton, CA

June 19, 2017August 13, 2020
by Angie

When you’re divorcing your spouse, you have the right to ask for spousal support. While every case is different, and there’s no way to predict how a judge will rule in an individual case, chances are good that if you need spousal support, the state of California will award it to you.

What is Spousal Support?

Commonly called alimony, spousal support is a set amount of money that the courts order one spouse or partner to pay the other. (It’s called spousal support for married couples; couples who aren’t married have partner support.)

How Do You Get Spousal Support in California?

In order for a legally binding spousal support order to be put in place, you must be in the process of divorce, legal separation, or annulment.

Temporary and Permanent Support Orders

You can ask the court to order your spouse to provide support during your divorce, legal separation, or annulment process. When that happens, it’s called a temporary order.

When the court orders spousal support when your case is final, it’s considered a permanent order.

How Does the Judge Decide How Much Spousal Support to Order?

When a judge decides how much spousal support to order, he or she will look at the amount you’re requesting and weigh it against several factors outlined in California’s Family Code. The factors a judge must look at include:

Each spouse’s earning capacity
Each spouse’s marketable skills, whether there’s a job market for those skills, and what it would take for that person to acquire the education or training to develop those skills
How each spouse’s earning capacity has been impacted by periods of unemployment during the marriage
How much each spouse contributed to the other’s education, training, career, or licensure
Whether the other spouse has the ability to pay spousal support
The needs of each party based on the standard of living you established during your marriage
The obligations and assets (including each party’s separate property) of each party
How long you were married
Whether the supported party—the person asking for alimony—can get a job without “unduly interfering” with the kids’ best interests
Each spouse’s age and health
Whether there is a history of domestic violence between the parties
The tax consequences of alimony (for both parties)
The “balance of hardships” to each party

The court generally assumes that the supported party should be self-supporting in the future, within a reasonable period of time. Typically, a “reasonable period of time” is a time period equal to half the duration of the marriage (if you were married for 20 years, then, the court could consider 10 years to be a reasonable period of time). Even with that in mind, though, the judge can order spousal support for any period of time based on the other factors he or she has to consider. The support order can last longer—or can terminate sooner—than what you’d expect.

Do You Need to Talk to a Stockton Divorce Lawyer About Spousal Support?

If you need to talk to a Stockton divorce attorney about spousal support, whether you’ll have to pay it or you’ll most likely be on the receiving end, we can help.

Call us at 209-910-9865 for a divorce consultation with an experienced attorney. We’ll evaluate your situation, answer your questions, and begin developing a strategy that gets you the best possible outcome right away.

Divorce

Collaborative Divorce in California

May 1, 2017August 13, 2020
by Angie

There’s no question about it: Divorce is tough.

However, a collaborative divorce can make things easier on you, your soon-to-be ex-spouse, and your children.

What is Collaborative Divorce?

The term collaborative divorce refers to the process of resolving your differences together rather than fighting things out in court. It involves negotiation (and sometimes mediation) so that both parties can walk away from the marriage knowing that they’ve solved the issues on their own, without forcing a judge to make decisions for them.

Collaborative divorce isn’t the right answer for everyone, though. In order for it to work, both spouses need to be willing to participate. Both spouses also have to recognize that divorce is a negotiation process and be willing to set aside their emotions and deal only in facts.

Who Shouldn’t Use Collaborative Divorce?

Typically, a collaborative divorce is not right for marriages that involved physical or emotional abuse, child abuse, or dishonesty about income and assets. It’s not often a good idea for spouses who are alienating children from one (or both) parents, either.

Are There Benefits to Collaborative Divorce?

There are several benefits to collaborative divorce for those who are able to use it. In addition to making things easier on you, your ex, and your kids, a collaborative divorce:

Saves money. You don’t have to pay attorneys to “duke it out” in court over the things you can negotiate yourselves.
Saves time. Litigation (fighting in court) is time-consuming. You have to wait for a space to open up on the court’s calendar, and you have to solve disputes one at a time on the court’s schedule.
Takes place in an informal setting. You aren’t in the courtroom, missing work and using up vacation days, when you’re collaborating on your divorce.
Lets you maintain control over the situation. You’ll have to share that control with your ex, because collaborative divorce does involve give-and-take, but ultimately, the way you solve disputes with your ex is up to you two.
Allows you to negotiate a divorce settlement that works best for your family. When you don’t cooperate with your ex, the judge in your case will have to make final decisions for you—and while judges are fair and impartial, they don’t know what makes your family “tick.” That means a judge’s decisions may not be the best fit for you, your ex, or your kids.

What Happens if You and Your Ex Both Want a Collaborative Divorce?

If you and your ex can agree that a collaborative divorce is best, the first step is talking to a Stockton family law attorney who understands negotiation, mediation, and your desire to make your divorce as easy as possible.

You’ll meet with your lawyer to explain what it is you want from the divorce, and he or she will help you identify where you’re willing to compromise. You and your ex can reach agreements on your own, or you can bring in a professional mediator who can help.

You and your soon-to-be ex-spouse can collaborate to decide:

Child custody and child support
Spousal support
Property division

Ultimately, the best part of collaborating with your ex is that when you do finally go to court (the judge still has to issue a divorce decree that officially dissolves your marriage) you can file an uncontested divorce.

Do You Need to Talk to a Stockton Divorce Lawyer?

If you’re ending your marriage and need to talk to a divorce lawyer in Stockton, we can help. Call us at 209-910-9865 to tell us what’s going on. We’ll evaluate your case and start building a strategy that gets you—and your family—the best possible outcome.

Divorce

Grounds for Divorce in California

April 24, 2017June 8, 2020
by Angie

If you’re like most people, you’ve heard the term grounds for divorce—but what does that really mean, and do you really need to pinpoint a specific reason before you divorce your spouse in California? While it’s typically best to ask an attorney who practices family law in Stockton about the specifics of your own case, here’s what you need to know about grounds for divorce in California.

What Are Grounds for Divorce in California?

California is a no-fault divorce state. That means if you file for divorce, you don’t have to provide the court with a specific reason. You can get a divorce in Stockton and elsewhere in California when you and your spouse simply have “irreconcilable differences.”

You do not have to disclose your reasons for divorcing to the court other than to say that you have irreconcilable differences.

A Word on Irreconcilable Differences

The term irreconcilable differences simply means that neither party in a marriage committed an act that directly brought about the end of the marriage (like adultery, abandonment, or cruelty). When you use this term, it means that neither party is completely at-fault for the marriage’s breakdown.

Will the Grounds for Your Divorce Have an Impact on Your Alimony Award?

Most people don’t want to spill the personal details of a split in a courtroom, and that’s completely fine. It’s important to know that in most cases, the grounds for your divorce won’t have an effect on the amount or duration of an alimony award that you receive.

(Even cheating is unlikely to affect your alimony award. Remember, the purpose of spousal support is to ensure that one spouse doesn’t fall into poverty because of the divorce. The courts don’t use it as a punishment for a spouse’s bad behavior during the marriage.)

There is one exception, though: If your spouse has been convicted of violent or abusive behavior, the judge has the power to reduce or, in some cases, eliminate the alimony that the abuser would normally be entitled to receive.

What the Courts Look at When Determining Alimony Awards

The courts must look at several factors when determining how much alimony will change hands, including:

Each spouse’s earning capacity
How much each spouse contributed to the other’s career, education, and other financially tied achievements
Each spouse’s ability to pay alimony
The needs of each spouse based on the standard of living each enjoyed during the marriage
Tax consequences to each spouse
The balance of hardships each spouse must now endure

This isn’t a complete list. Instead, courts look at these factors and a number of others—including any other factors the judge believes are fair and reasonable—to make an alimony award determination.

Do You Need “Grounds for Divorce” in California?

You don’t need to have a specific reason to end your marriage in the state of California. Whether your spouse had a long-term affair, abandoned you, or simply chose to terminate your marriage is irrelevant to the court. The court’s primary concern is the children of your marriage, if you have them; if you don’t, the court is only interested in overseeing a fair, equitable split that allows both parties to move forward separately.

Do You Need to Talk to a Family Law Attorney in Stockton?

If you’re contemplating divorce, or if your spouse has already filed for a divorce and you need an experienced, knowledgeable attorney in your corner, call us at 209-910-9865 right away. You can speak with a Stockton divorce lawyer who understands what you’re going through—and who’s willing to be your voice in the court system.

Divorce

Divorce and Property Settlement: 5 Tips to Negotiate With…

February 27, 2017March 24, 2020
by Anna Maples

When you go through a divorce in California, you’ll have to go through several steps — and one of them is creating a divorce property settlement. Here’s how to negotiate during divorce so you can reach a fair, reasonable outcome.

How to Negotiate During Divorce

If you’re like most people, you have no idea how to negotiate during divorce. That’s okay, because you probably haven’t been through it before.

However, before we get into how to negotiate, we need to cover:

What is a property settlement?
Whether you have to settle on debt
Divorce property settlement laws in California

What is a Property Settlement in Divorce?

California is a community property state. That means the property you acquire (beginning on the day you marry and ending on the day your marriage ends) is supposed to be divided equally between you when you divorce.

A property settlement agreement is the agreement you and your spouse reach to divide your property equally and fairly. Equal doesn’t always mean 50-50, though. It can mean that you each get your own vehicle, even if one is valued more highly than the other, and for the most part, the courts will take into account whether you feel the agreement is fair and equitable.

Does a Divorce Settlement Agreement Include Debt?

A divorce settlement agreement does include debt. All of the debt you incur while you’re married is considered community property; you’re both responsible for it.

Divorce Property Settlement Laws in California

In many cases, divorcing couples can figure out a property division arrangement that works for everyone involved.

However, if you and your spouse cannot reach an agreement, or if the agreement you reach is obviously skewed unfairly to one side, the Superior Court steps in and splits your property and debt equally.

Now that you’re familiar with the concepts you’ll have to deal with, here’s how to negotiate during divorce.

How to Negotiate During Divorce: 5 Tips to Help You Figure Out Your Divorce Property Settlement

Ideally, you and your spouse will be able to reach an agreement on your own. If you can’t, you’ll force the judge to step in. That can drag out your divorce, and often, couples come out of the courtroom feeling as if they’ve both lost. (Your Stockton divorce and property settlement lawyer will encourage you to reach an agreement with your spouse long before you show up in court because doing so will save you time and money — and you’ll have fewer headaches with the whole ordeal.)

Check out these five tips as you learn how to negotiate during divorce:

Remember that divorce and property division are business transactions.
Be logical and reasonable every step of the way.
Watch for coercive tactics.
Use helpful, rather than harmful, phrases.
Don’t become trapped in predictable scenarios.

#1. Pledge to Look at Your Divorce and Property Division Issues as Business Transactions

When you divorce, you’re dissolving your marriage contract. While that seems like an unfeeling way to look at things, it’s how the law sees it—and your property division is no different. Treating property division as a negotiation process can make things much simpler.

#2. Be Logical and Reasonable

You can’t afford to ignore the “big picture” when you’re negotiating a divorce settlement with your spouse. You don’t have to be adversarial; in fact, looking at a divorce like something you have to win can be counterproductive.

Related: More divorce negotiation tips

#3. Watch for Coercive Tactics

While coercive tactics can be tough to spot, if your spouse is attempting to use them on you, it’s imperative that you stop, back away from the process, and regroup. Coercive tactics that some spouses employ include:

Personal attacks, including insults and implications
Lying or threats
Psychological tricks, such as attempting to get you to feel guilty
Refusal to negotiate
Escalating demands
Planning delays to make things more difficult for you
Withholding money or access to your children

Chances are good that your divorce attorney is going to notice these tactics if your spouse uses them — they’re actually fairly common in adversarial divorces.

#4. Use Helpful Phrases to Encourage Your Spouse to Cooperate

Negotiations come to a grinding halt when one party says, “I’m not going to let you win.”

Remember that in successful negotiations, both parties “win.” When you’re working with your spouse to reach an agreement, try phrases that help the process along, such as:

“Can we go over this again to make sure I understand it correctly?
“Please correct me if I’m wrong, but…”
“My main concern is fairness.”
“Or we could try…”

#5. Don’t Become Trapped in Predictable Scenarios

It’s perfectly normal for divorce negotiations to seep into your emotions. The key, though, is not letting your emotions rule the negotiation process. When your spouse becomes angry or attempts to drag you into a disagreement, step back. Take some time to cool down and let your attorney summarize the issue so you can move forward.

What Should I Ask for in a Divorce Settlement?

If you’re like many people, you’ve heard divorce stories that run the length of the entire spectrum — some people say, “She took everything from me!” while others say, “We had a fair settlement. Actually, maybe I got more than he did.”

So what should you ask for in a divorce settlement?

The answer is simple: Ask for what you need to be reasonably satisfied with the outcome. Remember, too, that the judge is unlikely to sign off on anything that’s patently unfair (to you or your spouse). Don’t ask for the house, the cars, all the furniture, your savings accounts and half your spouse’s retirement — even if you’re pretty sure you deserve all those things.

California is a community property state, which means the assets you and your spouse acquired while you were married belong to both of you. You can make trade-offs, but make sure you’re asking for things you actually want. If you only want the house so you can sell it and pocket the proceeds, you need to know that the courts will expect you to trade something of equal value — and if your spouse would remain in the house with the children, it’s probably not a great idea to try to fight for it.

How Do You Negotiate Spousal Support?

Negotiating spousal support can be one of the most difficult aspects of your divorce. Before you begin negotiations, remember that the judge in your case will only sign off on your agreement if it’s fair to both of you — and if the paying party can reasonably afford it.

When one spouse doesn’t agree that the other needs spousal support, negotiating for it can be incredibly difficult. You may need your attorney to step in. However, if you’re both in agreement that some spousal support should change hands, make sure that you can see things from your spouse’s point of view.

Try these tips to negotiate spousal support:

Stay calm. If either of you becomes upset, negotiations are going to grind to a halt.
Don’t point the finger or make demands. Try saying things like, “I feel upset when you say I’m asking for too much. It’s difficult for me to support myself when I need to go to school to learn marketable skills. I’d like it if you could help me with $X so I can get on my feet.”
Actively listen to what your spouse is saying. That means summarize what he or she is saying and repeat it back so that your spouse knows you’re actually paying attention.
Ask questions to help your spouse collaborate with you. Think about saying things like, “I’m worried about being able to pay a sitter while I’m at school. What are your ideas?”

You don’t have to know exactly how to negotiate during divorce… but you do need to go into it with a positive attitude and be willing to settle for a reasonable outcome. You also have to know that your lawyer is here to help you every step of the way.

Do You Need to Talk to a Lawyer About How to Negotiate During Divorce?

We can help you with your divorce and property settlement agreement. Just call us at 209-910-9865 to tell us what you’re going through. We’ll put together 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.

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