I’m asked every day how to get a divorce in California. To start with, you need to make sure that you’re qualified – that is, you’ve lived in California for six months and in the county of filing for 3 months before filing. That’s basically it. You don’t have to go to counseling or state any reasons beyond “irreconcilable differences.”

The first thing you do to get a divorce is file a Petition. You have someone serve it on your ex who then has 30 days to file a response. If they don’t file one, you can proceed by default which means that they don’t have a voice in the case.

Assuming that they file the Response, the next step is to initiate discovery. At the very least, you will need to file a schedule of assets and debts and an income and expense declaration.

If you have significant assets such as a business or retirement plans, this process becomes more complicated.

Property issues can complicate a divorce, but they are simple compared to what most people go through in a case where children are involved. Many people, thinking they are doing what is in their children’s best interest, actually begin to use the children as weapons. If you can resolve the child custody issues between yourselves, you spare yourself a lot of stress in the divorce and your children a lot of heartache.

When you can’t agree on the amount of time you both spend with the children, the court assigns a mediator who is a trained counselor to help you. Sometimes the mediator is helpful in resolving the issues, but other times, the case needs to go before the Judge to decide. You need to know whether mediation is confidential or not. In confidential mediation, the Judge won’t have access to your mediation files while in open counties, the Judge will have a mediation report and often make decisions solely on the mediator’s recommendations.

After child custody and time share has been resolved, then the Judge can make child support orders. But, he doesn’t have much discretion here. In California, child support is determined by what is known as “Guideline Formula” which takes into account each party’s income and the time share with the children.

Many people wonder whether they need an attorney for their divorce. In an amicable divorce, you may even think that going it alone is the best option to save costs. But, you may make mistakes in things like dividing pensions or tax consequences of certain decisions. That’s why it’s a good idea to have an attorney involved even if you agree on everything. If this is the case, consider having a mediated divorce where one attorney represents both sides for one fee.

If things are going to get nasty though, you definitely need an attorney. And, it’s best to get one from the beginning of the divorce. Early mistakes can cost you big later on.

Getting a divorce in California may look easy on paper, but in reality, it is loaded with emotional and financial issues. Divorces can be heartbreaking. A lawyer can take some of the burden off your shoulders.

Julian Fox is a Riverside Family Law Attorney who specializes in tough child custody issues in Riverside, San Bernardino, and Orange Counties. Visit his website at http://FoxFamilyLaw.com

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