One important discrepancy between the two states is the age that a child is considered to be a minor. California also differs in the method it uses to award child support. California Courts use child support guidelines utilizing computer software. DissoMaster is one such computer software and it uses various factors to generate child support figures. New York uses a systematic method to calculate child support.
California Divorce Laws | Family Law Attorney | Renkin & Associates
These factors include the financial resources of each parent, the health of the child, the standard of living that the child would have enjoyed had the parents not divorced, and various other factors. Before filing for divorce, it is important to know what the process looks like in your state.
While it is not possible to predict the terms of your divorce just by looking at the laws, it is still important to know what aspects about your circumstances will be relevant to a Court and which ones will be immaterial. Call Community community insights blog podcast the index Glossary Sign In. Back to Blog Filing for Divorce in California vs. New York. Online Divorce. Community Property All states divide marital property in one of two ways—through the equitable distribution system or the community property system.
Cheapest Way to Get Divorced 4 No fault vs. Fault Courts in New York require the parties to list the grounds for divorce. Get insights from it's over easy Subscribe to our Insights blog to connect with tips and helpful info from experts. For help:.
California Divorce FAQs
Divorce trials do not resolve custody and parenting time issues. Those issues are resolved through a different process. See our custody and visitation web page. If you cannot come to an agreement outside of court, a judge will decide the issues in your case at a trial.
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If this is your case, you should talk to a lawyer. A family law attorney can tell you about important legal rights and may be able represent you in trial, if you want. Here are the steps you need to take to finish your case by trial : Step 1 : " Request for Trial" : Fill out and file the Request for Trial form. Click here for instructions. See page 2 of the form for instructions about filing and service. Refer to the Family Law Process page for an overview diagram of the case flow.
This statement gives a detailed and thoroughly documented explanation of your issue s. You must type this pleading in proper legal form.
See Local Family Rule 6 to make sure you do it correctly. There is no standard or Judicial Council form available for this. You may be able to reach a full agreement that day. Both parties are subject to the Standard Family Law Restraining Orders, which means neither can do the following:. For assistance on completing this form, please watch our video. A Petition FL is a request for divorce. It lists factual information that is required before a judge can grant a divorce. This includes residency information, statistical information such as the date of marriage and separation, and your general position on the divorce issues.
There are five general categories of divorce issues:. It is a document that allows the judge to make sure that California has jurisdiction authority to make custody and visitation orders. In order for a California judge to be able to make these orders, the children must be residents of California. There are mandatory filing fees when you first file for divorce in California. This fee is commonly referred to as a first appearance fee. If you are on disability or another form of state aid and you apply for a waiver, you will automatically qualify to have these fees waived.
If you need a payment plan or cannot pay the filing fees, you can also apply for this assistance. Since most counties have multiple courthouses in multiple locations, m ake sure you look up the address of the family law courthouse. Be aware that most courthouses do not operate on a typical business hour schedule and may close as early as pm. Additionally, be prepared to wait in long lines, as most courthouses have limited staff and resources.
For all documents you file with the court, you will need to double hole punch the original document at the top and make two copies of each pleading you want to file. The court clerk will take and file the original then stamp and return the two copies as endorsed-filed documents to you.
One copy is for you, and one copy is to be served on your spouse. As a result, they oftentimes cannot answer your questions on what to do in your divorce. While filing for divorce is certainly a very confusing stressful process, taking out your frustrations on the clerks is unfair. They work really hard and deserve to be treated with courtesy and respect.
Once the Petition, Summons, and, if you have minor children of the marriage, the UCCJEA have been filed, the next step is to serve your spouse with these documents. Serving the initial documents gives your spouse notice that a case has been opened and that he or she is subject to the Standard Family Law Restraining Orders. Proper service is essential for moving forward with the divorce process — until service happens, the minimum waiting period of six months and a day does not begin.
In addition, your server must give the other side the documents needed to respond to the divorce. Assuming there is no domestic violence and no reason to believe that your spouse will go out of his or her way to avoid being served, it may be a good idea to have a conversation with your spouse about service. In general, there are two ways of serving your spouse: personal service, and mail with notice and acknowledgment of receipt. Personal service happens when your server personally hands your spouse the divorce papers and blank response form or forms.
You do not have to serve your spouse in a public venu e, such as their place of employment. Embarrassing your spouse or trying to inflict pain is rarely a good choice. While it may make you feel better initially, you may come to regret your decision when it causes further conflict and increased litigation. Finally, at all costs, avoid having your spouse served in front of your children. Service can also happen by mail. This requires your spouse to sign a document acknowledging service of the divorce papers.
Remember, even if you are serving by mail, you still have to use an adult-aged third party. Think of service as opportunity to write the first chapter of your new life.
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Every decision you make is another part of your story. Do you want it to be filled with conflict and regret? Or, do you want to be able to look back and feel confident that you went about this process respectfully and with dignity? In general, you will want to serve the divorce papers soon after filing. Your spouse will see the date you filed, and if there is a large gap between the date of filing and the date of service, this may cause your spouse to feel deceived. On a practical note, the date of service of the Petition and Summons is very important because it commences the mandatory six-month and a day waiting period to obtain a divorce in California.
While a short delay to make sure service is accomplished smoothly makes sense, your case cannot move forward until your spouse has been properly served. Once the Respondent has been served, you will need to make sure that the Court has proof of service. For the initial divorce papers, this proof is given with a form called the Proof of Service of Summons FL If you have served by mail, the completed Notice and Acknowledgment of Receipt must be attached to the Proof of Service of Summons.
Completing this form correctly is vital to moving your divorce forward, and missing any of the information will result in delays. You will also need to file your proof with the court. While you are waiting for your spouse to respond, we suggest that you start on your financial disclosures.
For more information on how to complete your financial disclosures, please see Step 5: Temporary Orders. You are subject to these orders the minute you are served, and ignorance is not a defense to violations. For more information about these restraining orders, please review Step 1, Filing for Divorce. After service, you have 30 calendar days to respond. If you miss the deadline, the Petitioner has the option of moving forward with the divorce without your input.
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California only requires one spouse to seek a divorce. By filing for a divorce, the Petitioner is making a clear statement of intent to divorce.