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.
Frequently Asked Questions
How much does it cost to hire a divorce attorney in Bakersfield?
The cost of hiring a divorce attorney depends on the complexity of the case, the issues involved, and whether the spouses can reach agreements. Cases involving significant assets, business interests, custody disputes, or contested support matters may require more legal work. An attorney can explain potential legal fees and help identify ways to approach the case efficiently.
How long does a divorce take in California?
California has a mandatory six-month waiting period before a divorce can be finalized. The waiting period begins after the responding spouse has been served with the divorce papers or makes an appearance in the case. The overall process may take longer when spouses disagree about property, support, custody, or other issues.
What is the difference between a contested and uncontested divorce?
In an uncontested divorce, spouses are generally able to reach an agreement on the issues that must be resolved before the marriage can be dissolved. A contested divorce involves disagreements that require negotiation, mediation, or court intervention. A Bakersfield divorce attorney can help determine the appropriate approach based on the circumstances.
Do I need a divorce attorney if my spouse and I agree on everything?
Even when spouses agree on the major issues, consulting a divorce attorney can help ensure that agreements are properly documented and address the legal requirements for a final judgment. An attorney can also identify issues that may not have been considered, including future support, property rights, retirement accounts, or tax-related concerns.
What happens if my spouse does not respond to divorce papers?
A respondent generally has 30 days after being served with the divorce petition and summons to file a response. If the respondent does not respond, the petitioner may be able to seek a default judgment. However, specific procedural requirements still apply. A divorce attorney can explain the available options and help ensure the required paperwork is completed correctly.
Can a divorce attorney help protect my business during a divorce?
Yes. A business may involve both community and separate property interests depending on when it was established, how it was funded, and other circumstances. A divorce attorney can assist with determining the nature and value of a business interest and addressing how that interest should be handled as part of the property division process.
How are retirement accounts divided in a California divorce?
Retirement accounts may contain both community and separate property interests. Dividing certain retirement benefits may require specialized procedures and, in some cases, a qualified domestic relations order or other appropriate court order. A divorce attorney can help identify retirement assets and address the legal requirements for dividing them.
Can I move out of the family home before my divorce is finalized?
Moving out does not necessarily mean that a spouse gives up their ownership interest in the home or other marital property. However, leaving the residence can have practical implications for finances, children, and other aspects of the divorce. Discussing the circumstances with a divorce attorney before making significant decisions can help clarify potential legal consequences.
Can spouses use mediation to resolve a divorce?
Yes. Mediation allows spouses to work toward agreements with the assistance of a neutral third party rather than having every disputed issue decided by a judge. A divorce attorney can advise a client throughout mediation, help evaluate proposed agreements, and assist with preparing or reviewing the final documents.
What should I look for when choosing a divorce attorney in Bakersfield?
When choosing a divorce attorney, consider the attorney's experience with California family law, familiarity with the issues involved in your case, approach to dispute resolution, and ability to communicate clearly about legal strategy and costs. The right attorney should understand your goals and provide practical guidance throughout the divorce process.
