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Benefits Demo. About Us Terms Privacy Security. Disclaimer: This is a quality non-lawyer self-help divorce solution. The 3StepDivorce TM Documentation software and service is not a substitute for the advice of a lawyer. This software and service allows you to represent yourself in doing your own divorce.
If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. Have questions? California Residency Requirements A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition. California Code - Sections: , , , California Divorce Grounds: Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally: a Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
California Code - Sections: California Property and Debt Division For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property.
California Spousal Support, Maintenance, or Alimony: In ordering spousal support under this part, the court shall consider all of the following circumstances: a The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: 1 The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
California Code - Sections: , , California Custody and Visitation: In making a determination of the best interest of the child, the court shall, among any other factors it finds relevant, consider all of the following: 1 The health, safety, and welfare of the child. California Code - Sections: , , , , California Child Support: In implementing the statewide uniform guideline, the courts shall adhere to the following principles: 1 A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life.
When is the Divorce Actually Finalized in California? This easy to use online divorce is a "do it yourself without a lawyer " solution for any uncontested divorce with or without children that will be filed in the state of California. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court. Save money, leave the lawyer out of it and use 3 Step Divorce!
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You have the option to pick the date you become single again, although you generally cannot pick a date before you actually submit your judgment or before the mandatory six month waiting period. If you do not have a preference, the date will be selected on your behalf. Step 9: Trial When is a divorce case set for trial?
Trial dates are typically only scheduled after all other settlement options have failed, including a Settlement Conference. Trials can be requested by one or both of the spouses, but there are times when the judge will set a trial, even if neither party asks for a trial date. In some situations, bifurcating separating certain divorce issues from the rest of the case can actually aid in settlement. One of the most common bifurcated issues is regarding the date of separation. Once a judge makes a ruling on the date of separation, it can be easier for spouses to resolve their property and debt issues.
Bifurcating certain issues can save time and money, and if you fall into that category of cases, you may wish to consider asking your judge for a bifurcated trial. Unless you can settle your case, the only way you can finish your case is through a trial. While you may be able to temporarily delay your case being set for trial, you will not be able to do so forever. At some point in time, the judge will set a trial date.
One of the questions the judge will ask is for a trial time estimate. Trial days are very different than business days. A half day is considered to be somewhere between two and three hours, and a full day is about six hours. You will need to tell the judge how many days you think your trial will take. Alternatively, the judge can also give you another trial date, which may be many months later. Both spouses will have to testify at trial. Lay Witnesses. These witnesses testify about their personal knowledge of the facts in your case. These witnesses need to provide relevant information regarding the disputed issues in your case.
Expert Witnesses. These witnesses testify based on their special knowledge and proficiency in a particular field. There are two types of expert witnesses, those appointed by the court, and those who have been privately retained by one of the parties. These experts are considered neutral, and their job is to report their expert opinions to the judge.
What kind of preparation is involved in a California divorce trial? Each county has its own unique set of specific pre-trial orders.