Spouse Application File Format In California
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FAQ
If you and your spouse file in different California counties, it will matter not who filed first but who gets the other spouse served first. That determines which county's Superior Court will handle the case. But once the court is determined, the two parties have the same procedural rights.
A wife in California can be entitled to up to half of the assets in the marriage along with up to 40% of their partner's income for child support, spousal support, and primary child custody.
In practice, California's divorce laws equally apply to couples who are married any length of time, meaning even short marriages will likely require the equal and fair division of assets through the courts.
There is no minimum marriage length to qualify for alimony, but the easier it is for the lower-earning spouse to become self-sufficient, the less support they may receive.
If you've been married less than five years and have no children, you may qualify for a simpler way to get divorced (summary dissolution).
California has two grounds for divorce: (1) irretrievable breakdown of the marriage; or (2) incurable insanity. The first ground is a ``no fault'' basis for divorce. it is not necessary to prove fault in order to get divorced.
A: The quickest and least expensive way to get a divorce in California is to have an uncontested divorce. This means that both parties are amicable and able to reach a reasonable agreement on the terms of the divorce. The process can take much longer if one or both parties are unwilling to come to an agreement.
You or your attorney complete the first page and use attachments for other final orders, like child custody and visitation, child support, spousal or domestic partner support, property division, attorneys fees, and other orders.
It does not make any difference who files first. What matters, in a long term marriage such as yours, is making sure that your economic future is protected.
