Carlsbad Divorce Attorney

Under California Family Code 2310, divorce is referred to as “dissolution of marriage.” This dissolution must be based on the following grounds:

• Irreconcilable differences, in which your marriage has irretrievably broken down;
• Permanent legal incapacity to make decisions; this calls for proof from a medical or psychiatric practitioner.

The most common divorce in our state is based on irreconcilable differences which means that neither you nor your spouse must provide proof to the court of marital misconduct. This means that your divorce can be processed much faster if you both agree on all the issues pertinent to your split. 

Divorce issues that must be resolved in any California case include:

• The division of marital property and debt
• Child support
• Child custody and visitation
• Spousal support, where sought by either spouse

Understanding Uncontested vs. Contested Divorce in California

Where you and your spouse have reached an agreement on all of the issues relevant to your case, your divorce is uncontested. This means that you will not have to engage in a courtroom trial, thus saving you the time, expense, and stress of litigation. This can be achieved by working out a marital settlement agreement that can be submitted to the court for approval. You can also obtain a default divorce with a written agreement by including your marital settlement agreement with your divorce petition when you file. Those who have no minor children, little in the way of assets, and who meet other requirements may qualify for a “summary dissolution” which also speeds up the process. 

Where the issues are contested and you cannot reach mutually-acceptable terms through other means, your case will be subject to the dictates of the family court judge. The courts will look at many factors in determining how all issues related to the case will be decided. In all matters, you will have to present your evidence to the judge in support of the terms you are seeking. This can best be done with the help of a qualified lawyer such as Attorney Sara Davison. 

How to File for Divorce in California

Filing for divorce in California involves a step-by-step process, ensuring that all legal aspects are properly addressed:

• Residency Requirement: Before filing for divorce in California, ensure that either you or your spouse has been a resident of the state for at least six months and a resident of the county where you intend to file for three months.
• Choose the Correct Court: File the divorce paperwork in the superior court of the appropriate county in California. This is usually where either you or your spouse resides.
• Complete Divorce Forms: Fill out the necessary divorce forms, which typically include the Petition (Form FL-100) and Summons (Form FL-110). These forms can be obtained from the courthouse or online.
• Serve the Divorce Papers: Arrange for the divorce papers to be served to your spouse. Proper service is crucial for due process. This can be done by a process server, sheriff, or anyone over 18 and not involved in the case.
• Response from Spouse: After being served, your spouse has 30 days (if served within California) or 60 days (if served outside California) to respond by completing the Response (Form FL-120).
• Financial Disclosures: Both parties must exchange financial disclosures (Form FL-140) to ensure transparency regarding their financial situations.
• Negotiate and Settle: Work with your spouse to negotiate and agree on important divorce terms, such as property division, child custody, visitation, child support, and alimony.
• Finalize the Divorce: Attend court hearings if necessary, and once all issues are resolved, submit the Judgment (Form FL-180) to the court for the judge's signature, finalizing the divorce.

Seeking advice from a California divorce attorney can be beneficial to navigate the legal complexities involved in a California divorce.

Choose Davison Family Law: Compassionate and Skilled Legal Support

Our attorney is a product of divorce and understands how difficult this process can be. Her parents’ divorce ended in a civil and friendly manner which demonstrated to her the possibility of working out acceptable agreements. Our firm strives to make that a possibility for all of our clients through skillful planning and negotiation. However, we are always prepared to take your case to court where needed or appropriate.