The legal steps for filing for divorce in California can be very devastating for the husband, wife, and especially the children involved in the divorce. The emotional stress caused by a divorce can lead to many different unexpected outcomes. Situations often present themselves that can make the process of a divorce very emotional and difficult to overcome. If you are considering filing for a divorce in California, you should consult a family law attorney.
One of the steps required for filing for divorce is first meeting the residency requirements.The two parties filing for divorce in California, must both reside in the current county for a minimum of three months. The two parties getting divorced must also reside in the state of California for a minimum of six months, before they can continue to the second step of filing for a divorce.The second step required for filing for a divorce in California consists of filing a petition for divorce.The petition must outline the terms of entering the divorce and also is required to be personally served.
Once the petition is served and all aspects of the divorce are finalized, both parties must wait for the process to takes its course which includes the court entering a final judgment granting the divorce. It generally can take six months and one day before the divorce is finalized. Perhaps, one of the most difficult aspects of filing for a divorce in California and probably one of the more crucial and complex situations for both parties is the task of dividing up whatever assets and equity was acquired during the marriage as well as any outstanding debt. This conflict of interests related to money can lead to very nasty situations and circumstances. This usually occurs where money is a big issue, as every fact can affect the outcome; from custody battles to spousal support.
These are compelling reasons why a divorce lawyer is imperative to have involved in the process that determines what assets, property, and debt should be split equally among both parties. Student loans and retirement accounts generally complicate the matter but can be resolved by the court if necessary. In a best-case scenario, both parties involved will come to an agreement on all matters that is equally beneficial, just, and fair. Splitting hard earn assets contributes to some of the hardest decisions that a couple faces when they dissolve a marriage.
Getting a divorce in California may raise child custody issues. Even though filing for divorce in California pertains to financial assets, an important element of seeking representation for a divorce lawyer is one experienced in child custody should if you have children. Most couples feel that their children will be in a better position with them. If a mutual agreement pertaining to visitation rights isn’t established, it often leads to a bitter divorce and child custody battles that could last until the child or children turn 18.
A bitter divorce will usually have an emotional impact on the children. These devastating impacts can lead to depression and problems with academic studies. These issues will most likely produce resentful feelings towards their parents and other care providers. This can, in turn, lead to emotional and psychological problems that can affect a child’s ability to learn when they are in school.