Providing Divorce Mediation Services Throughout California
Providing Divorce Mediation Services Throughout California
Reach out to find the best solution for your divorce with trusted professionals.
Most people searching this are not so much asking about “how to get divorced” but want answers to a more difficult question: Is now the right time to do it?
In California, there are two questions you have to ask yourself. Am I emotionally prepared, and is it a good timing strategy under state law?
Most people are often surprised that the date that affects the division of your assets, spousal or child support, and even whether you qualify for a simplified divorce, is usually the date you separated (not when you filed).
There is no minimum amount of time you have to be separated from your spouse in California prior to filing, but once you begin the filing process, you will start running some critical legal clocks.
Before you decide on which date to use, schedule a free consultation with our expert mediators to learn the right timing of filing and mediating your divorce.
Filing a divorce petition triggers California’s Automatic Temporary Restraining Orders (ATROS), begins the mandatory six-month wait period, and allows you to request temporary court orders. It does not establish your date of separation or automatically start spousal or child support.
Knowing what filing changes and what it does not will help you decide if there is strategic advantage in timing or whether divorce mediation is best for you.
For most financial issues, the key date is not when you file for divorce but typically your date of separation.
In California, under Family Code §70, this occurs when one spouse has communicated an intent to terminate the marriage and those communications are supported by his or her actions.
Courts will consider all relevant evidence in determining the date. It’s worth noting that spouses do not need to live apart, as section 70 rejects both In re Marriage of Davis (2015) and In re Marriage of Norviel (2002). So even though spouses can be legally separated, they can still share a residence.
The reason why the date is important is that community property is normally terminated on this date. Also, any earnings from either spouse after this date are generally considered separate property. Even if filing supports your claim regarding the date of separation (and many times it does), it cannot establish the actual date of separation.
The Automatic Temporary Restraining Orders (ATROs), in addition to being a protective measure for a divorcing party, are a legal protection available as soon as you file for divorce.
Under Family Code Section 2040, these automatic restraining orders immediately restrict the activity of the filing party and the responding party after service of process.
The restrictions on both spouses include removal of minor children from California, application for issuance or replacement of passports by minors, transfer or concealment of marital assets, and changes in insurance policies or beneficiaries without written consent or Court Order.
However, normal activities such as making necessary purchases, paying reasonable attorney fees and extraordinary expenses may be done with prior written notice within five business days of taking action and documentation of the same.
The waiting period is 6 months for all couples, regardless of how long they have been living separate from each other. The 6-month time frame begins when either the summons and petition are served on the respondent (spouse) or when the respondent appears at court.
Any legal separation prior to filing has no effect on the waiting period. If you file your divorce papers sooner, the waiting period will begin sooner.
Unless there is an emergency situation that causes harm to either spouse, the waiting period cannot be waived by the court. However, in some very limited situations, a judge may grant an extension of the waiting period.
Even if you have settled all property, child support, or custody matters with your spouse through mediation, you still cannot get divorced until the 6-month waiting period expires.
Keep in mind, this only applies to dissolving the marriage; any other legal issues in your case can be completed prior to or after the expiration of the waiting period.
Filing for divorce will not automatically result in either spousal support or child support. If requesting temporary spousal support, the earliest possible effective date for support is typically your filing of a “Request for Order” (“RFO”), rather than your actual divorce petition.
On the other hand, the procedure for child support is slightly different under California Family Code Section §4009. An initial child support order may go back to the date on which you filed your Petition for Divorce.
However, even though the court can retroactively apply its original support orders to the date of your petition filing, it generally cannot do so prior to 90 days after you have personally served the other party.
Also, as with spousal support, most Courts require you to submit a “Request for Order,” thereby making prompt requests very important.
In past discussions, we’ve explored the various processes available for pursuing divorce and their impact on the case’s outcome. Once a process is chosen, the next crucial decision is determining when to file for divorce.
A divorce begins with the filing of a Petition for Dissolution of Marriage, served on the other party. Upon filing, certain legal protections called “Automatic Temporary Restraining Orders” (ATROS) come into effect:
When you’re thinking about filing for Divorce in California, it’s essential to understand the significance of the moment you submit your petition.
It’s like turning a page in the book of your life, marking the beginning of a new chapter. This date is crucial because it officially kicks off the process of separating from your partner.
After this point, any money you earn might not be considered shared anymore. It becomes your own, separate from what your partner earns.
This change can stir up a lot of emotions, maybe you’re relieved to start fresh, or perhaps you’re feeling sad or uncertain about the future.
It’s vital to grasp what this date signifies for both you and your partner. It’s not just about finances; it’s about disentangling your lives and figuring out what comes next.
Every decision you make from here on out can have a significant impact on your future, both financially and emotionally.
During this challenging time, it’s crucial to recognize the human side of things. Behind all the paperwork and legal procedures, there are real people with real feelings.
Seeking support from professionals like those at Families First Mediation or experienced lawyers can provide guidance and assistance.
Their expertise can help you and your partner navigate this difficult period with kindness and understanding, paving the way for a smoother transition to the next chapter of your lives.
When it comes to child support in California, it’s essential to understand how timing plays a crucial role. Unlike some other states, California courts have the authority to award child support retroactively, starting from the date when the petition for divorce or separation was filed, rather than just from the date of the court hearing.
This means that if you file for divorce or legal separation and later a court determines that child support is necessary, the support can be calculated from the date you filed your petition, not just from when the court officially addresses the matter in a hearing.
However, it’s important to note that navigating the complexities of family law in California can be challenging, especially when it comes to issues like retroactive child support.
In such cases, seeking specific legal advice from professionals well-versed in family law is highly recommended.
Consulting with experienced lawyers who specialize in family law matters, such as those at ffmediation.com, can provide invaluable guidance tailored to your unique situation.
They can help you understand your rights and responsibilities, navigate the legal process, and ensure that the best interests of your children are protected.
Ultimately, when it comes to child support and the timing of petition filing in California, it’s crucial to be well-informed and seek appropriate legal counsel to ensure the best possible outcome for you and your family.
Filing for California Divorce marks the beginning of a mandatory waiting period lasting six months before the divorce can be finalized.
This waiting period is a legal requirement aimed at providing couples with time to reconsider their decision and potentially reconcile.
It’s important to understand that while agreements regarding the terms of the divorce, such as asset division, child custody, and spousal support, can be reached earlier, the official divorce status doesn’t change until after this waiting period.
This means that even if both parties have agreed on all aspects of the divorce, the divorce cannot be officially granted until the six-month waiting period has passed.
During this waiting period, couples may engage in mediation or negotiation to settle any outstanding issues.
Seeking assistance from professionals, such as mediators or lawyers, can be beneficial in facilitating productive discussions and reaching mutually acceptable agreements.
Once the six-month waiting period has elapsed, the divorce can be finalized, and the court can issue a judgment officially terminating the marriage.
It’s important for couples to be patient and understand that the waiting period is a necessary part of the divorce process in California, designed to ensure that both parties have had ample time to consider their decision and make informed choices about their future.
Divorce is emotionally challenging, often signifying a contentious phase. Preparation is essential. Mediation can offer a less adversarial route.
At Families First Mediation, we assist with petition preparation, filing, and serve it to the other party, ensuring both spouses are involved and informed.
For assistance with your California divorce, contact us by phone or email to explore how we can support you through the process.
