A divorce is the process required to legally end a marriage. It is an actual lawsuit. Unlike other types of legal actions, no one needs to have done anything wrong in order to file. California is a “no fault” state. All a spouse has to allege is that the couple cannot get along. Legally, this is called “irreconcilable differences.” There is no requirement that these differences be proven. Any spouse can decide to file a divorce even if the other spouse does not want to get one.
The only thing the family court is interested in is helping spouses reach a fair agreement concerning the issues in their case. Those issues include child custody, child visitation, child support, spousal support, division of property, and attorney’s fees. For a thorough explanation of each of these areas, please click on the related links on this website.
The Family Court encourages parties to resolve their cases by agreement and gives those cases priority on it’s calendar. Couples who can amicably resolve their cases do not even have to appear in court to get a divorce. Except in very limited circumstances, the court will allow you and your spouse to agree to almost anything you want. Reaching an agreement is also the best way to reduce attorneys fees and stress on your family.
Unfortunately, the emotions in a divorce often make it very difficult to reach a consensus. Divorce is a complex area of law and can take an extended period of time to resolve if the parties are either unable or unwilling to reach agreements. In such cases, the court will be the one to make the final decision. When this occurs, the parties will be forced to pay a substantial amount of attorney’s fees and costs to have a trial. In addition, a judge will not necessarily decide the case the way either party wants and may just pick a solution neither party likes or could have anticipated.
After you get divorced, you will be single again and can get remarried should you choose to do so. However, you will still be required to abide by any obligations imposed upon you by the Family Court, e.g., pay support.