Frequently Asked Questions About Divorce:

In my 15+ years of paralegal assistance, you can imagine that I run into the same questions over and over. Now, that does not take away from the unique situations or context that we all have. But, there is something to be said about how similar all of our struggles are. Here are just a few of the most common questions that I get when it comes to divorce.

Please Please Please feel free to ask any additional questions you may have, and I can add to this list....

How Long does it take to get divorced?

California has a 6 month "cooling off period" to endure before the court will grant a divorce. This means that the parties must wait at least 6 months, from the time of service onto the other party, in order to have their divorce date in effect. In this scenario, there are no oppositions to the petition and all disclaimers and disclosures have been filed and served. In the occasion that the other party files a Response to the petition -or- the moving party does not file all of the required disclaimers and/or disclosures; those 6 months can easily turn into a year or even a decade. The possibilities are endless.

What happens if my spouse doesn't want to sign the divorce?

In California, you are able to get a divorce, whether your spouse wants to or not. It is not a matter of whether your spouse agrees with or signs the divorce, but rather, a matter of whether your spouse was served. If your spouse was served with the divorce, they are given a specific amount to time to respond (30 days). If they respond within the time given, then the case will go to trial, and both parties will eventually be ordered to attend "mediation", where the mediator will attempt to have both spouses agree to the terms of the divorce.

We were never married, but we've lived together for a long time. Can I still ask for spousal support?

California DOES NOT recognize common law marriage, which would have given community property rights no a non married couple. In California, a couple would need to be MARRIED in order to exercise community property. In rare cases, a argument can be made that one party relied on the statements of their partner in the interest of finances and/or assets, and thus may be able to have "palimony" recognized; but those are rare occasions and should be discussed with an attorney.

If my spouse left the house years ago, is it considered my house now?

No, a community asset is still considered community until the court recognizes it otherwise or the parties agree. It is possible that if one party continued to pay the mortgage and expenses on the house, they could make the argument that they have a greater interest in the asset, and thus should be compensated for it. But, that would only work as leverage to gain additional interest, and not necessarily to block the other parties interest.

No one is going to take care of YOU the way that YOU will

Ask questions, have multiple consultation, do some online research! Filing for divorce is a major decision, not just emotionally and personally, but financially. This is now a transaction, and your life long accumulated assets are attached to this union. If it is better to go separate ways, do so in a way that protects the both of you.

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