Divorce Attorney in Bakersfield, CA

Filing for Divorce in California

Either spouse can initiate divorce by filing a Petition for Dissolution of Marriage in the Superior Court of California, County of Kern. The petitioner must have been a California resident for six months and a Kern County resident for three months before filing. The petition identifies the parties, any children of the marriage, and the general issues to be resolved.

The other spouse becomes the respondent once served with the petition and summons. The respondent has 30 days to file a Response indicating agreement or disagreement with the petitioner's requests. Failure to respond can result in a default judgment. 

Automatic temporary restraining orders take effect when divorce papers are served, preventing either spouse from making significant financial changes or relocating children out of state. 

We can handle all filing requirements and help you understand what to expect throughout the process. Our team can also review any petition served on you and prepare an appropriate response that protects your interests.

Community Property Division

California is a community property state, meaning assets acquired and debts incurred during marriage belong equally to both spouses. Community property is divided equally upon divorce unless the spouses agree differently. Separate property (assets owned before marriage, gifts or inheritances received individually, and assets acquired after separation) remains the property of the owner.

Disputes over property characterization often arise when separate and community assets become mixed. For example, a home purchased before marriage but paid for with community income involves both separate and community interests. Courts use Moore/Marsden calculations to divide equity between the two based on each party’s contributions. Assets and debts are valued as of the date of separation. 

We can identify all community property, accurately characterizing assets and obtaining precise valuations. When complex assets require professional assessment, our team works with appraisers and financial specialists to provide reliable evaluations.

Spousal Support Considerations

Spousal support is intended to maintain a supported spouse at a standard of living similar to that enjoyed during the marriage while helping them transition toward self-sufficiency. Temporary support during a divorce proceeding is often calculated using specialized computer programs. In contrast, permanent support following a final judgment is based on statutory factors. These factors include the length of the marriage, each spouse's earning capacity, age, health, and contributions made to the other spouse's education or career. For marriages lasting under 10 years, support typically lasts approximately half the length of the marriage, though courts retain discretion. Marriages of 10 years or longer are considered long-term, and the court maintains jurisdiction to award support indefinitely.

The Gorski Firm analyzes individual financial situations to assist in pursuing support arrangements that align with these statutory factors, whether you are seeking support or defending against a request. Our team presents evidence regarding earning capacity, the marital standard of living, and other relevant influences that affect support determinations. Because support is subject to modification based on changed circumstances and typically terminates upon remarriage, we provide the advocacy necessary to present an accurate financial narrative to the court. We assist clients in navigating these complex evaluations to help reach a resolution that reflects the reality of the marital history.

Call (661) 768-1441 or contact us online. Let a divorce lawyer in Bakersfield help you understand your rights and obligations.