California Newly Divorced Individuals Package

Response to the Divorce Petition The papers filed and served to initiate a divorce include a Summons and a Petition.Final Judgment Once you and your spouse have settled on the terms of your divorce, the final step in an uncontested case is to obtain the court's approval.

The first person to file for divorce in California is known as the petitioner.Most legal experts believe that there is little legal advantage to who files first because California is a no-fault divorce state, so the court really doesn't care who files the petition first.

Upon divorce in California, you may be entitled to spousal support. A spousal support order requires one spouse or domestic partner to pay the other a specified amount of money each month. When determining whether to award spousal support, a judge will consider several factors, such as: Length of the marriage.

Do Nothing. Legally, you do not have to respond to your spouse's divorce petition. Request a Default Judgment By Agreement. File a Response.

In California, a marriage that lasts under 10 years will have a set duration of alimony, which is typically half the length of the marriage.

Because California law views both spouses as one party rather than two, marital assets and debts are split 50/50 between the couple, unless they can agree on another arrangement.

California Divorce Entitlements: Spousal Support Upon divorce in California, you may be entitled to spousal support. A spousal support order requires one spouse or domestic partner to pay the other a specified amount of money each month.Supporting spouse's ability to pay.

There is no minimum length of marriage that will guarantee a 50/50 division of anything.

Under California Law, the general presumption for duration of support is one-half the length of the marriage, for marriages of fewer than 10 years. This means that if you were married for six years, the judge has the right to limit alimony for one-half of the marriage if the need exists (three years).