california divorce financial planning.

Where can I get a copy of my divorce papers?

If you don’t have the case number but you do have the exact date, the Registrar at the High Court can use the information to search the divorce records of that year, month and day to retrieve the file from the archives, after which a copy will be made that is stamped and signed by the High Court.

Are California divorce records online?

Divorce Records Are Available Online

The electronic docket does not include copies of the parties’ filings. Courts in California also make some court documents available online. But under California’s court rules, courts cannot post divorce filings online.

What documents are needed for divorce?

Who can serve divorce papers in California?

An adult (18 or older) who isn’t a part of the case can serve divorce papers on the other spouse. While you can certainly use the local sheriff’s office or a licensed process server, you can also have a friend or relative assist with this process.

What happens after you file for divorce in California?

Once you have served your spouse, they will have 30 days to complete a parallel set of divorce papers called the response. They too will need to file their forms with the court clerk. If your spouse fails to file the response within this timeframe, the court has the ability to issue a default judgment against them.

What happens after divorce papers are filed?

Also called an order of dissolution, this ends the marriage and specifies the details regarding custodial responsibility and parenting time, child and spousal support, and the division of assets and debts. If you and your soon-to-be ex negotiated a settlement, the filing spouse’s attorney generally drafts the judgment.

What is a wife entitled to in a divorce in California?

In California, a wife may be entitled to 50% of marital assets, 40% of her spouse’s income in the form of spousal support, child support, and primary child custody. These entitlements are based on the marriage’s length and each spouse’s income, among other factors.

How many years do you have to be married to get alimony in California?

There is no specific marriage duration to get alimony in California. The good news is there is no specific minimum duration before a spouse may receive alimony. A California family court bases its decision to order alimony on a variety of factors, including the marital standard of living.

Who pays alimony in California?

Who Pays Spousal Support? California laws on spousal support are gender neutral—either spouse may request support. If one spouse needs financial support and the other can afford to pay it, the judge will order the higher-earning spouse to pay alimony to the lower-earning spouse, regardless of their genders.

Who makes house payment during divorce?

Everything that you and your spouse purchase and/or acquire over the course of your marriage is marital property – regardless of who makes the purchase, whose name is on the deed, or who makes the payments. The very few exceptions to this rule include: Inheritances made in one spouse’s name alone.

Do I have to support my wife during separation?

If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

Does my husband still have to pay the mortgage if he leaves?

Dealing with joint finances when you’re going through a separation or divorce can feel overwhelming and stressful. When you separate from your partner and have a joint mortgage, you are both liable for the mortgage until it has been paid off in full – regardless of whether you still live in the property.

Can I sell my house if my ex doesn’t want to?

You cannot force a sale, but you can try to come to an agreement with them, by either buying them out or selling them your part of the property.

What is a Mesher order?

Sometimes also referred to as an ‘order for deferred sale’, a Mesher Order allows the sale of the family home to be postponed for a certain period of time or until a particular trigger event happens.

Can my husband put our house on the market without my permission?

If both your name and your spouse’s name are on the homeownership papers, your partner does not have any legal right to force you to sell the family house. However, if your spouse can prove that their money is tied up in property and they need to sell it to open a flow of cash to live, this could change.

What happens to a house if a couple split up?

Joint ownership means you both have equal rights to the property. If you split up, one person would have to buy the other out and take on the whole mortgage, or you would both need to agree to sell the property and split the proceeds 50:50.

Can my ex just walk into my house?

Your rights if you have moved out

The law is quite clear that where the property is jointly owned (ie, held by the two parties in joint names) each of them is permitted to enter that property without conditions. This is the case even if one of them has moved out following their separation.