The cost of getting a divorce in California can be high. You may need to hire an attorney and go through the court system if you have assets to divide. The average cost of a divorce in California is about $13,000.
If you have children, custody and support arrangements will need to be made. This can add to the cost of a divorce. In some cases, one parent may have to pay child support to the other.
The financial implications of getting a divorce can be difficult to understand and sort out. This article will discuss some critical financial considerations you should consider if you are considering a divorce in California.
What Is An Uncontested Divorce In California
An uncontested divorce is where both spouses agree on all terms, including child custody, child support, spousal support, and property division.
Uncontested divorces are typically quicker and easier than contested divorces. They can also be less expensive because there is less litigation involved.
What Is A Contested Divorce In California
A contested divorce is a divorce where the spouses do not agree on all of the divorce terms. This can include child custody, child support, spousal support, and property division.
Contested divorces are typically more expensive and time-consuming than uncontested divorces. They can also be more emotionally charged because the spouses disagree on critical issues.
What Are The Grounds For Divorce In California
The grounds for divorce in California are:
- irreconcilable differences,
- incurable insanity, or
- a waiting period of six months.
Irreconcilable differences mean that the couple has differences that they cannot resolve, and the incurable insanity must be proven with a written declaration from a licensed physician.
The waiting period is six months if there are no minor children and two years if there are minor children.
What To Do Before And During A Divorce To Protect Your Money
Ending a marriage is never easy, but it can be especially tough on your finances. The decisions you make during the divorce can have a lasting impact on your financial well-being.
Here are some tips to help you protect your money during a divorce:
- Gather all financial documents: You will need to clearly understand your financial situation before making any decisions about property division, spousal support, or child support. Collect your financial records, including tax returns, bank statements, and investment account statements.
- Make a budget: Once you have gathered your financial documents, it is time to sit down and make a budget. This will help you understand your expenses and income after the divorce.
- Consider mediation: Mediation is often cheaper and faster than going to court. It can also help you and your spouse agrees on a property division without going through the stress of a trial.
- Hire an attorney: An experienced family law attorney can help you protect your rights and advocate for your best interests.
- Keep emotions in check: It is essential to try to keep emotions out of the divorce process as much as possible. This can be difficult, but it is necessary to remember that decisions made during a divorce can have a lasting impact on your life.
How To Divide Assets Fairly In A Divorce
In California, assets acquired during the marriage are considered community property and must be divided equally between spouses unless a valid prenuptial agreement exists. This includes property such as the family home, cars, furniture, and retirement accounts.
If you and your spouse cannot decide how to divide your assets, the court will arrange for you. The court will consider several factors when making its decision, including
- The length of the marriage
- Each spouse's earning capacity
- Each spouse's contribution to the family
- The value of the property
- The needs of each spouse
- The court may also consider any prenuptial agreement when making its decision.
How Alimony Works In California
In California, there are two types of alimony: temporary and permanent.
Temporary alimony is paid during divorce and can last for a few months or years.
Permanent alimony is paid after the divorce is final and can last for a long time or indefinitely.
Alimony is usually based on the need and ability to pay.
Child Custody And Visitation During A Divorce
If you have children, custody and support arrangements will need to be made. This can add to the cost of a divorce. In some cases, one parent may have to pay child support to the other.
The financial implications of getting a divorce can be difficult to understand and sort out. This article will discuss some critical financial considerations you should consider if you are considering a divorce in California.
Spousal Support During And After A Divorce
Spousal support is often based on the need and ability to pay. The amount of support can be decided by the court or agreed upon by the spouses.
Spousal support can be paid in a lump sum, as a monthly payment, or as a combination. It can be paid for a set period or indefinitely.
The Emotional Consequences Of Getting Divorced
The emotional consequences of getting divorced can be just as difficult, if not more difficult, than the financial implications. The divorce process can be very stressful and can take a toll on your mental health.
Trying to keep emotions in check during the divorce process is important. This can be difficult, but it is essential to remember that decisions made during a divorce can have a lasting impact on your life.
What Are The Consequences Of Not Getting A Divorce In California
If you do not get a divorce in California, you and your spouse will remain married. This means that you will still be responsible for each other financially and emotionally.
You will also still have the same rights and responsibilities as married couples, such as the right to file joint tax returns and the responsibility to support your spouse financially.
You will still be responsible for their care and support if you have children.
If you are considering not getting a divorce, you must speak to an expert in family law first. This way, you can be aware of any long-term effects this will have on your life. attorneys who focus on family law understand the various complexities and nuances associated with these decisions, so they can provide valuable guidance as you make this choice.
Can I Get Divorced Without My Spouse's Consent In California
Yes, you can get divorced without your spouse's consent in California. This is called a default divorce.
A default divorce occurs when one spouse does not participate in the proceedings. If your spouse does not file a response to the divorce petition within 30 days, the court will assume that they do not wish to contest the divorce.
Default divorces are usually quicker and easier than contested divorces, but they can still be complex. Speaking to an experienced family law attorney before proceeding with a default divorce is essential.
Contact An Experience Family Law Attorney In California
The financial and emotional implications of getting a divorce can be challenging to understand and navigate. Suppose you are considering a divorce in California. In that case, speaking to an experienced family law attorney who can help you understand the process and make informed decisions about your future is essential.
Quinn & Dworakowski, LLP - Family Law Attorneys has great Irvine family law attorneys with years of experience helping families through divorce, child custody, and other family law matters. The law firm has a team of experienced and dedicated lawyers committed to resolving your case. They have the resources, knowledge, and experience to get you the best possible outcome. Contact them today.
