California Divorce Lawyers
Even when they’re not contentious, divorces are stressful and complicated. A divorce can alter your living situation, your relationship with your children, and even your financial well-being.
When you’re going through a divorce and are uncertain about your future, turn to Envision Family Law. Our California divorce lawyers have decades of experience helping people like you navigate the legal challenges of separation.
Learn more about the difference between contested and uncontested divorces, as well as key disputes that tend to arise during the divorce process.
The Difference Between Uncontested And Contested Divorce In California
The key difference between contested and uncontested divorce is whether the couple agrees or disagrees on significant issues such as asset and debt division, custody agreements, and support payments.
To further clarify the differences between these types of divorces, we’ve provided a brief definition of each:
Uncontested Divorce Definition
An uncontested divorce occurs when the couple agrees on all major factors in the divorce. These divorces take less time to finalize and cost less than contested divorces. However, they cannot be appealed or changed, barring a significant change in life circumstances for one or both parties.
While uncontested divorces are faster, more affordable, and less contentious on average, we recommend hiring a California divorce lawyer to craft a fair agreement.
Summary of key elements:
- Couple agrees on all major divorce terms
- Faster than a contested divorce
- Less expensive than a contested divorce
- Not appealable once finalized
Contested Divorce Definition
Contested divorces occur when the separating couple takes their dispute to trial or mediation because they cannot reach an agreement on one or more main points of the divorce. This process takes longer and incurs greater legal fees. Additionally, these divorces can be appealed even after the judge renders a verdict, further complicating the process.
The complex nature of contested divorces makes hiring a California divorce lawyer essential.
Summary of key elements:
- Couple disagrees on one or more major divorce terms
- Takes longer than an uncontested divorce
- Generally costs more than an uncontested divorce
- Verdicts can be appealed
Key Elements Of A California Divorce
A divorce involves far more than just the end of a relationship. It’s the separation of two individuals who are legally and financially bound to one another. During a divorce, the separating couple and their lawyers need to determine how to divide everything from property and income to child custody and beyond.
To help you understand the different factors in a divorce, we’ve outlined some of the main concerns:
Property Division
California uses the “community property” system to divide assets between a divorcing couple by:
- Determining if property is shared or individually owned
- Assigning value to any shared property
- Equitably dividing all shared property
Deciding whether property is marital or separate is not entirely straightforward. For example, one spouse might be the sole owner of a business, but if the other spouse invested in that business, it could be considered marital property.
Capable California divorce lawyers can prove whether a property is marital or separate. Without the assistance of an experienced attorney, your private property may end up being treated as marital property and vice versa.
Child Custody And Child Support
California courts base custody determinations on the well-being of the child. In many cases, this results in a joint custody agreement. This agreement keeps both parents involved in key parenting decisions regarding their child’s schooling, living situations, and medical care.
However, if it is proven that joint custody would not be in the child’s best interest, an alternate custody agreement may be created. This could include everything from one parent having sole custody, to one parent having primary custody while the other only has visitation rights.
Custody arrangements aren’t the only concern for a divorcing couple with children. Your divorce agreement can also impact the amount you pay or receive in child support. Typically, these payment amounts are based on income levels. If one parent makes significantly more than the other and/or spends less time with the child, they will likely have to pay child support. When parents have similar incomes and parental duties, child support is usually not awarded to either party.
Spousal Support (Alimony)
If your spouse earns a lot more money than you do, you may be entitled to temporary or permanent spousal support. If you earn more, you may be required to pay it. Generally, the longer a couple is together, the longer the higher-earning party will be expected to pay spousal support. The size of a support payment depends on factors such as:
- The educational level of the spouse receiving support
- The opportunities for lucrative employment available in the area
- Whether the spouse receiving support gave up career opportunities to care for children
Unlike property division orders, spousal support can be modified to reflect a change in circumstances. For instance, if the spouse providing payments loses their job or the spouse receiving payments begins earning a great deal more money, payments can be reevaluated.
Restraining Orders
If you are getting divorced to remove yourself from an abusive or dangerous situation, you have the right to file a restraining order. This is true even if the divorce is not finalized. Restraining orders come in many forms and can be used to prevent your spouse from contacting you or to establish legal consequences for undesired actions.
We strongly recommend hiring a California divorce lawyer to implement a restraining order in any situation where your spouse is abusive or displaying erratic behavior; doing so can help protect you and your children.
How Does Divorce In California Work?
California is a no-fault divorce and community property state. This means that either side of the marriage can ask for a divorce without needing to provide a reason, and both sides equally own the marital estate.
There are essential waiting periods and several fees which you must pay. Overall, the process for the divorce should settle the major questions of custody, child support, property division and spousal support.
How Long Does A California Divorce Take?
There is a minimum waiting period of 6 months after you and your attorney submit paperwork for a divorce. However, there is often a great deal of negotiation that can happen during this process. The judge may even pause the divorce should they believe there is a possibility of reconciliation.
What Will Happen With Your Kids?
Your child custody situation is a complicated topic, but the state will always make sure that the eventual agreement is in the best interests of your child. This means that if you’re pursuing individual legal and physical custody, you will have to make the case that this is better for your children than the alternative. This can be challenging.
Do You Need A Lawyer For A Divorce In California?
Technically, you could do the work of a divorce – filing paperwork and negotiating custody and property division – yourself. However, taking that on alone leaves you wide open to the many pitfalls of the legal process that will make the divorce more complicated and much more expensive.
Can One Spouse Refuse Divorce In California?
No, a spouse cannot unilaterally refuse divorce in California. The state operates under a “no-fault” divorce law, meaning that either spouse can file for divorce without needing to prove any wrongdoing by the other spouse. This law nullifies the ability of one party to block a divorce.
While one spouse cannot stop a divorce, they can influence its timeline and conditions. Contesting terms, such as property division, child custody, and spousal support, can create additional legal hurdles and draw out the divorce process.
Hiring an experienced California divorce attorney is vital for avoiding and navigating complications. With their assistance, you can fight for a fairer distribution of shared assets and work toward an equitable custody agreement.
Call Envision Family Law For A Consultation With A California Divorce Attorney
If you’re considering a divorce, it’s always in your best interest to hire an experienced California divorce attorney like the ones at Envision Family Law. Our team has been helping California citizens reach equitable divorce terms for years and is ready to guide you through your separation.
Contact us now by calling 855-438-3460 for your free consultation. The sooner you begin working with us, the greater your say in matters of custody, property division, and support payments.