It is important to be aware that Divorce is not handled in the same way in every state. Often when searching for information online, the facts displayed are not state-specific. Here are 5 surprising Divorce facts that pertain to California:
- Divorce takes a minimum of 6 months and one day from the date of service–it does not take less time under any circumstance–however, it could take longer!
- The parties do not need to be legally separated in order to file for Divorce.
- The parties do not have to be separated for a period of time in order to file i.e. there is no separation time period needed before one can file.
- Divorce can be finalized without a court appearance. This can occur when there are no issues and the respondent does not respond or when there is agreement on issues and a Marital Settlement Agreement or Stipulation has been filed.
- Neither party has to be represented by an Attorney in order to get divorced. California strongly supports the right of either party to represent themselves (in pro per) when filing paperwork or in the court.
Although California strongly supports the right of individuals to represent themselves in the Divorce process, it does not mean that this is advisable. Anyone who has gone to court themselves or tried to finalize their Divorce without the help of an experienced Attorney, can attest to the problems that typically occur. Many shy away from an Attorney because they fear the cost will be prohibitive. However, today there are legal alternatives to the ‘hourly/retainer’ fees that are typically charged i.e. Attorneys who offer more affordable flat fees for Divorce.
If you are thinking of Divorce, get the facts first so that you understand how the California courts work as well as your legal rights and options. Legal Action Workshop is ready to help for LOW FLAT FEES! For more information, call us @ 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .
Hi, I have given my husband, soon to be ex, time to consider paying me $$$monthly and besides a few buck here and there he laughs at me and call me pathetic and wont see a dime…I’m on full disability and VA disibility….I was used to being able to afford certain medical procedures out of pocket and only paid a set rate to the soon to be ex every month..so not only am I disabled but I have a set income and my expenses just to live shot up X4 to survive..we split custody so to speak but I have them more and he expects to just drop them off whenever is good for him…his days are Tuesday night, sat night and sunday….I have gone without eating just so there is food for my children and he knows all this and doesnt care. He works full time with a company as well as has a side business. Hes just waiting for me to do everything so I will, but i guess what i want to know is can i do to court and file divorce paperwork and get my fee waivers myself, but have your company help me with expedited temporary alimony and child support….I’m sinking fast, lost 40 pounds since leaving him last november….again I’m on disability due to multiple medical problems which are now even worse because i can no longer afford to help my problems since i have to pay for everything…unlike before. And we were married for 16 years, and together 23….I would like to know if it would save me money to file for divorce and practically the same day have your company help me with alimony and child support paperwork to get an Expedited alimony temporary order…I’m confused but also very low on funds and just need help to get money flowing to me quickly while divorce sitting in court. Is that a cheaper way to go or what if I had you file initial divorce along with expedited temporary support quickly? Help and what would be cost both ways?
Andrea:
If you are very short on funds, it would be best to go the the ‘self help’ area of the court. They can help you fill out the required paperwork and also file the ‘request for order’ for temporary support while the divorce is in process. Remember, your divorce is from the date of marriage to the date of separation–the fact that you were together before the marriage will not count. As it is your marriage will be considered a ‘long marriage’ as it is over 10 years, and you would be entitled to child support as well as spousal support based on what you & your spouse earn–these numbers are determined for the most part by a software program called a ‘dissomaster’. The people in the court will help you figure it out!
We wish you the best!
Thank-you for contacting Legal Action Workshop!