We have lawyers available who can assist with California divorce questions. You can contact them by posting your question in the form at the top right of this page. We have some brief notes on the process of California divorce available here.
How do you get a divorce in California?
Take a trip to your local family law courthouse or the family law department within the local courthouse. In California, the court operates a “facilitators” office to assist those who choose to represent themselves.
1. Make every effort toward reconciliation, or at least explaining your intentions to your spouse. The angrier he or she is, the uglier your divorce will be.
2. Consult an attorney (most will meet for an initial consultation just to explain the process and your immediate options) or research the divorce process in your local area. Divorce laws differ among states, and each county may have different local rules.
3. Take a trip to your local family law courthouse or the family law department within the local courthouse. In California, the court operates a “facilitators” office to assist those who choose to represent themselves.
4. Gather your financial documents, including tax returns for the last five years, all retirement accounts and all financial accounts.
5. Close or freeze joint accounts. You and your spouse may want to divide all accounts equally, assuming that the funds accumulated during your marriage.
6. Keep track of all debts incurred or paid (credit cards, repairs to the family home, and so forth) once you separate from your spouse.
7. Keep track of any money that you give to your spouse as “alimony” or child support, and write checks rather than give cash.
8. Determine whether alimony (spousal support) or child support is warranted. If you are the spouse in need of support, make sure to initiate court proceedings, because you won’t receive support until you file (consult an attorney or other resource).
9. Realize that most states have waiting periods between the time you file for divorce and the time your divorce will be final. In California, the waiting period is six months, so if you’re committed to divorcing, you should file sooner rather than later.
10. Research pension plans, retirement accounts and other savings accounts. You may not be aware of all the plans to which your spouse contributes, or to which his or her employer contributes on his or her behalf.
11. Negotiate a custody plan if children are involved; you will have to. Most courts offer free assistance (in California, the court offers mediation) to help the parents work out a plan without having to appear before a judge