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.

Most people file a Response though. At this point it is necessary to initiate discovery. At the very least, both sides will have to file a Schedule of Assets and Debts and an Income and Expense Declaration. If you suspect that there might be hidden assets, you might want to file Interrogatories or take your ex’s deposition.

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

While property issues are complicated sometimes, child custody is never easy. You have to decide that you want what is in your children’s best interest and not use them as a weapon. Because child support is determined in part by the time spent with each parent, many spouses try to get as much time as possible to reduce or increase support.

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.

Once the child custody decisions have been resolved, then child support orders can be made. California calculates child support under a guideline formula. Judges have little discretion on how much you will pay or receive. The formula takes into account how much the parties make and what the timeshare with the children is.

Should you have an attorney for the divorce process? That’s a good question. Even if you are amicable about the divorce, there are often things that you might miss to your long term detriment if you don’t use an attorney. One solution for this is to go through a mediated divorce where one attorney represents both parties, protecting everyone’s interests for one lawyer’s fee.

But if your divorce is going to get nasty, you are definitely going to need an attorney. It is best to get one at the beginning of the process as early mistakes can cost you big later on.

Getting divorced in California may look like a simple process on paper, but in reality, it can be quite complicated. Many people get hurt and feel they have been steamrolled by the court system. A lawyer can make the process smoother and protect your rights.

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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