Divorce Law in California: What Happens in Court?

Divorce law in California has a residency requirement for state granted divorces. If you are facing divorce, you may be daunted by the idea of going to court. The proceedings can be filled with legal terminology and knowing what to do and how to deal with the court situation you will face can help ease some of the anxiety you feel about going through divorce.

California Divorce Court

Going through divorce does not have to mean going to court. Some divorces are handled amicably through mediation or the collaborative divorce process. A collaborative divorce allows the parties involved to keep some of the control over the outcome of their case because they have to agree to all the terms that go into the final decree. This type of divorce can work if you and your spouse have the ability to work together (with your attorneys present and guiding you). If you do not feel that collaborative divorce is a good way to handle your case, your divorce will likely be handled by a judge.

A family law judge will consider all of the evidence presented by both parties. If you and your spouse have come to some agreements as to property disposition or child custody arrangements, the court is likely to grant your agreed upon requests. Other issues that you have not been able to resolve will be decided by the judge. While it can be unnerving to go before a judge, you are there to give your story and ask for what you want in your divorce. You should make sure you understand the basic property rights given the facts of your marriage. California is a community property state, so you should receive half of the property acquired during marriage in most cases.

You can expect for your case to take anywhere from six months to over one year. The length of your divorce will depend on the complexity of issues that must be resolved and the availability of a court room as well as other factors.

Getting Legal Advice

The outcome of your divorce case will have consequences that may impact the rest of your life. Getting the help of an experienced family law attorney who understands California divorce law is a smart move. Your attorney can help you get what you want out of divorce. As an advocate for you, she will handle your case with diligence, making sure that you understand your rights and helping you make difficult decisions in your case.

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