A couple sitting apart from each other on a couch

Divorce FAQs

Divorce can not only be complicated and messy, but it can also take a toll on your mental and emotional health. Below we have compiled a list of the most commonly-asked questions about divorce to make sure you don’t feel blind-sided about the process.

What does “no-fault” mean in a divorce?

California is a no-fault state for divorce. This simply means that the spouse asking for the divorce does not have to prove that the other spouse committed any wrongdoing against them to warrant the separation. There are other states that require a reason to file for a divorce, such as adultery or domestic violence, but this is not required in the state of California.

In most cases, the reason for no-fault divorces is typically referred to as “irreconcilable differences.” This means that a couple is unable to get along or agree on any matter during their marriage.

How much does it cost to file for divorce?

The fee to file for a divorce in California is $435. Should your spouse wish to respond to the complaint, they must also pay the same amount of $435. If you are unable to afford the cost to file, however, you may be able to have your fees waived.

Do I have to go to court?

This depends on your case. If you and your spouse are able to reach an agreement outside of the courtroom, you may not have to go to court at all, this is often referred to as a non-contested divorce.

If you and your spouse are unable to reach an agreement on the terms of your divorce, you will have to appear in court, and a judge will then be in charge of the final terms of the agreement.

How long does a divorce take?

The length of the divorce process is also determined by whether or not you and your spouse find an agreement.

  • If the divorce is not contested by either party, the divorce process can take around six months.
  • If a divorce is contested, it can take anywhere from six to twelve months to be completed.

The length of a contested divorce can also depend on the complexity of each case, especially when issues of alimony and child custody/support are involved.

It is also possible for a divorce to be processed in one day. If you and your spouse wish to separate and have an agreement today, you can secure a future date to change your marriage status. There is a 6 month period between when you file until the family court can legally change your status from "married" to "single",

Do I have to wait to file for divorce?

California does not require anyone to wait a certain period of time before filing for divorce. There is, however, a six-month waiting period between when you file for divorce and when the court is able to finalize your divorce.

Contact Our Firm for Divorce Assistance Today

We understand the toll that a complicated divorce can take on all parties involved. At Law Offices of Steven Giammichele, we are dedicated to finding efficient and cost-effective solutions to make the divorce process as easy as possible during your difficult time.

If you are looking for experienced and compassionate legal representation, contact us today through our website or give us a call at (949) 303-7811 to schedule your consultation today!