The common assumption that "50% of all marriages end in divorce" gets tossed around in casual conversations often, leading some to believe that understanding the basics of divorce is almost a given. After all, if so many couples separate each year, shouldn't you at least be prepared for the possible end to your marriage?
Two of the many flaws with this argument are quite apparent: first, the divorce rate in America is actually dropping, meaning the 50% average isn't true anymore. And secondly, some couples are faced with divorce before they even know what hit them, leaving them with no time to prepare for the 'inevitable.'
For those in the latter category, this blog is for you. We'll walk you through the basics of divorce in California and are just a phone call away for your free consultation after you're done reading.
I'm getting a divorce – now what?
Perhaps the shock has worn off, or you're just now ready to get serious about filing the papers. Either way, the first step is determining if you meet the residency requirements. California requires that at least one spouse be a resident of the state for at least 180 days. The day the papers are served, the six month countdown starts again in order for the divorce to be finalized.
California is a no-fault state. This means that almost anything goes when requesting a divorce and the most common reason is due to "irreconcilable differences."
Always a hot button issue for divorcing couples, property division can be quite complex in California. The state functions on a community property basis, so all property acquired during the marriage is divided as fairly as possible in the end.
Child custody and child support are other key factors for couples with kids. The court maintains the child's best interests at all times and encourages continuing communication with both parents after the divorce, if at all possible. Each divorce is unique, however, and what works for one family may not work for another.
Your most crucial step in your divorce is retaining an attorney. While we can't promise that it will be a walk in the park, we can guarantee compassionate and skilled legal counsel when you work with Herrig & Vogt, LLP.
Give us a call today! Our Roseville divorce attorney is ready to begin your complimentary case evaluation.