When two people, who are deeply in love, get married, the thought of divorce never crosses their minds. Sometimes these couples, who used to be so in love, find it difficult to stay together and their marriage ends in a divorce, Thus, the couple must prepare for separation. Divorce is never easy, be it a contested or uncontested. The spouses suffer, and even the children may be dragged into the mess, which can scar them for life.
If your marriage is at the verge of breaking, and you have started thinking of divorce, here are the things that you must know about divorces in San Diego.
California is a No-Fault State
Since San Diego is in the state of California, and the Family Law Court in San Diego follows the state laws. California is a no-fault state. A no-fault state gives the liberty to both the spouses to file for divorce, and the Court does not require the filer to provide a reason for the divorce. See Family Code section 2335.
There are Two Types of Divorces
Under the California law, there are two types of divorces, which include contested and uncontested. As compared to contested divorce, the uncontested divorce proceeds through the system without any delays. An uncontested divorce is when the spouses agree on everything such as child support, custody and visitation, spousal support, asset, division, debt division, and all other matters of divorce. While in a contested divorce, the spouses fail to reach an agreement, and the Court rules on the contested issues after litigation, which you may need an experienced divorce lawyer.
California is Community Property State
Like Arizona, Louisiana, Texas, Nevada, Idaho, and New Mexico, California is community property state. In the San Diego Family Court, the Judge will determine whether or not an asset was acquired during the marriage and divided equally among the spouses. The date of separation plays a vital role in determining whether an asset is separate or community property. See Family Code 760.
Length of Marriage and Length of Spousal Support
Under California Family Law, a spouse has the right to receive spousal support, regardless of the length of the marriage. A Court may deny spousal support in a marriage that lasted for more than ten years and order Alimony for a marriage that lasted for just six months. However, the length of spousal support depends upon the length of the marriage. See Family Code section 4320.
A 30-Day Response Time
After a spouse files for a divorce, the responding spouse needs to respond or contest the paperwork within 30 days. If the respondent fails to respond, the Court can proceed without the consent of the other spouse. The filing spouse has the ability to file for a default after 30 days from when the responding party was served. In the absence a response, the Judge may give a judgment, which may not be in favor of the absentee.
The Minimum Waiting Period is Six Months
For a divorce to terminate marital status in San Diego Family Court, the minimum waiting period is six months per California Family Law. However, a Divorce may take more than six months, depending upon the complications. See Family Code section 2339.