Are you thinking of getting a divorce in California?

Before you decide to seek a dissolution of marriage in California here are a few things you need to know. To file for a divorce in California one of the two parties has to show proof of residence for at least six months. The filing also needs to be done in the specific county that one of the parties to the divorce lives when the divorce is filed.

Also, there are several types of dissolution of marriage in California. The types of divorce include:

• Dissolution of Marriage,
• Dissolution of Domestic Partnership and
• Summary Dissolution.

Here, we will focus on the basic the standard and most common Dissolution of Marriage and Summary Dissolution.

In California there are number of forms that you will need to file with the court. You can fill out the forms yourself or hire a legal document assistant or an attorney. In a common divorce the first step is to fill out Petition for Dissolution of Marriage (form FL-100), Summons (form Fl-110), Family Law Declaration Regarding Related Cases (form L1120) and finally if you have any children you will have to fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). The other type of divorce is called a Summary dissolution. If a couple is married less than 5 years, have no children, do not owe much and agree on how they will divide up their assets and debts than they can file for a Summary Dissolution. Regardless of the type of divorce it is important to note that most couples disagree on child support and spousal support. If these are some of the issues a couple has when filing for a divorce a legal document assistant and or attorney would be best.

You can also seek child support in California. This is when a party during the divorce process seeks monetary support for the child or children for living and medical expenses. The court will review many different factors of both parents. This includes the monthly income and the amount of time the child spends with each parent.

The court will also review the income of each party which includes amongst other things

1) income from a job,

2) rental income,

3) unemployment benefits.

You can also seek spousal support in California. This is when one party during the divorce process seeks monetary support. The court will look at different facts to determine if someone is eligible per Code Section 4320, such as

1) the earning capacity of each person,

2) the amount that the supporting party contributed to fulfilling the other party’s education, training, a career position, or a license by the supporting person and

3) the other party can afford paying for spousal support, in which, the court will review the supporting party’s standard of living, income assets and earning capacity.

Regardless of which type of divorce you are seeking and what kind of support requested it is very important to familiarize yourself with the divorce process or seek legal assistance to answer your questions on how to proceed.