Q. WHAT IS THE DIFFERENCE BETWEEN A DIVORCE AND LEGAL SEPARATION?
A. The only difference between a divorce and legal separation is that with a legal separation you are still legally married to one another. Division of assets and debts are still the same in a legal separation as in a divorce. Support issues, as well as child custody/visitation are the same with a legal separation and a divorce. However, if at a later date you wish to change your legal separation into a divorce, you will have to start your paperwork all over with the court and repay any court filing fees as necessary.
Q. HOW LONG WILL THE PROCESS TAKE ME?
A. In California it takes six months and one day from the date the other party is served, so long as all forms are timely filed with the court to become divorced. For a legal separation, you are considered legally separated the day the judge signs the stipulated judgment.
Q. CAN I PERSONALLY HAND MY SPOUSE THE DIVORCE PAPERS?
A. No. You will need to hire a process server, or have someone over the age of eighteen (18) help serve the papers if we do not mail the papers to your spouse. If you are proceeding with a Joint Petition for Summary of Dissolution, no service is required.
Q. CAN I GET DIVORCED IF I DON'T KNOW WHERE MY SPOUSE LIVES?
A. Yes. Instead of Personal Service, or Notice and Acknowledgment, you would just ask the court for an Order for Service by Publication.
Q. MY SPOUSE WILL NOT SIGN ANY PAPERWORK, CAN I STILL GET DIVORCED?
A. Yes. While the courts would like both parties to sign a Stipulated Judgment, you do not need your spouse's signature on any documents to proceed with your divorce. You must show proof of service on your spouse and then your spouse will have three different options: (1) to answer your claims in the Petition by filing a Response; (2) sign a Stipulated Judgment, or (3) Do nothing. If your spouse does nothing, then after the time allowed for an answer (thirty days), the divorce proceeding will be considered a Default Divorce and continue to proceed through the court.
Q. CAN I GET DIVORCED IN ANY STATE OR ONLY THE STATE I GOT MARRIED IN?
A. Yes, you can get divorced in any state that either you or your spouse have lived in for at least six months.
Q. WHAT HAPPENS IF WE CANNOT COME TO AN AGREEMENT ON ANYTHING?
A. If you and your spouse cannot come to any type of agreement on how to split community property, child visitation or support issues, you may need to attend mediation. Mediation is where you appear before an unbiased third party and try to work out a solution to your problem. If it continues where you and your spouse simply cannot work out your differences, you may need to hire an attorney.
Q. HOW MUCH WILL CHILD AND SPOUSAL SUPPORT BE?
A. Child and spousal support are determined using a guideline calculation set forth by the courts. Child support is computed on income of both parties and the percentage of time each party spends with the minor children. Spousal support also takes into consideration the income of both parties, as well as how long you have been married.
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