Download completed California divorce forms based upon the answers you provide in the online interview. We provide California State Approved downloadable California divorce kits, complete with divorce instructions, to allow you to obtain a divorce in California. Download your uncontested or no fault California divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.
A spouse seeking to file for divorce must have been a resident of California for six months as well as be a resident of the county for three months where the divorce is to be filed. Also, a waiting period goes into effect six months after the documents have been served or the appearance by the divorcee before the divorce is finalized. Partners in a domestic partnership, under California Family Code Section 297, are able to end their partnership by using documents available from any county clerk, or through the Secretary of State's office. [Annotated Family Code; Sections 297, 298, 2320, and 2339].
There are mainly two reasons of divorce in California that is fault and no-fault. In order to file for divorce in California, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove to the court.
Irreconcilable differences which have caused the irremediable breakdown of the marriage [Annotated California Code; Section 2310]. Irreconcilable differences are determined by the court, and are based upon how truly unlikely the matter is to be irreconcilable.
A court in California grants the custody of the children upon divorce. The child custody can be granted to either parent on the following grounds.
Best interests of the child: When children who are minors are involved in a divorce, the California courts will do whatever it takes to help lessen the emotional trauma on the children. If the parents cannot reach an agreement with regards to the issues in which the children are involved, the court will determine the matter of custody at its discretion.
As a "Community Property" state, California divides all property accumulated during the course of the marriage in a 50-50 split in the event that an agreement cannot be reached.
Property gained together (i.e. joint property) is presumed to be community property, which affects the burden of proof. This can then be rebuked by:
An obvious statement in the paperwork for that property that declares that the property is solely that of the individual and not community property; or
Written proof that the spouses have made an agreement that the property is that of an individual and not community property.
The courts go to great lengths to make the distribution of property as equitably as possible, and may take portions of one person's property to cover the costs of those disparities of the other.
Debts acquired after the motion for divorce has been filed, but before a ruling by the courts, will be confirmed without offset to the spouse who acquired the debt. (California Code - Sections: 2501, 2581, 2601, 2602, 2621, 2623, 2625, 2641)
Spousal support is handled on a case-by-case basis, and spousal support can be temporary, permanent, or not be awarded at all. This is determined by either an agreement between the spouses, or at the court's discretion.
In applying the statewide uniform guideline, the courts will abide by the following principles:
Child support guidelines in California are based on the Income Shares Model for determining child support. The amount of monthly support determined by applying the guidelines is distributed in fair proportion according to the income of each parent. Then, the two support amounts are used to establish which parent will pay the other parent for child support. All income is most often based on past W-2's and child support worksheets are available at the clerk's office.
In applying the statewide uniform guideline, the courts will abide by the following principles:
If the court feels there is chance that reconciliation may occur in a no-fault divorce, the judge may choose to impose a 30 day delay in the proceedings.
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Detailed Instructions to serve your Spouse: Part of the process of obtaining a divorce is doing a proper service. We show you how to do it.
Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.
Free Name Change for Wives: Yes, you can get your old name back with our service.
FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.
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Answer each of the questions we will ask you and the forms will be completed for you.
Print our state approved completed forms, and file the divorce forms in the court.
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