Online Divorce in California
For those seeking an inexpensive divorce in the state of California, online divorce can be an easy, affordable and fast solution. Online divorces may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at OnlineDivorce.com makes it easy on the client. The site helps prepare all the necessary divorce forms and provides detailed written instructions on how to file for divorce in California.
Our divorce document preparation service can assist those who want their divorce papers completed in a quick and stress-free fashion. California has unique divorce forms and filing requirements, and our online system provides exactly what is necessary and applicable, with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.
If the two spouses have an amicable agreement on the terms of the divorce, why should the process get drawn out, and why should money be spent on lawyers? Online divorces are often cheaper, quicker and easier.
Online divorce is often a great option for those who want to save money or hope to have the divorce quickly finalized and return to normal life. An increasing number of people are preparing documents for divorce online because it can be done in the comfort of one’s own home. Even for complex cases that involve children, property or other assets, the online route is possible. Clients first fill out a simple questionnaire and are given instructions at each step of the way.
The process at OnlineDivorce.com is 100% secure. We protect the client’s information and nothing gets filed until the client personally submits the divorce papers to a court. Filing for divorce in California with OnlineDivorce.com can be a simple solution to a difficult situation.
OnlineDivorce.com begins the divorce process by presenting a simple online questionnaire. It can be filled out alone or with the assistance of a spouse. A signature from the other spouse must be obtained, after which the divorce forms may be filed at local court. In California, this is typically done at the courthouse in the county where the client currently resides. If the petitioner is not currently a resident, but the defendant is, divorce is typically filed in the county where the defendant resides.
The actual filing process is explained in our detailed court-filing instructions that we provide along with the completed divorce forms. Clients can also obtain assistance from their local courthouse by calling or stopping by.
If there are any issues with the documents after the initial filing, clients may need to follow up. OnlineDivorce.com helps the client make small adjustments to their forms, as requested by the court, at no additional charge. The goal of the service is always to minimize stress and hassle.
Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. California is no exception. If you wish to file for divorce in California, one or the other spouse must live in the state with proven residency for at least six months before filing. The filing spouse must have lived in the county he or she plans to file in for at least three months before filing as well.
There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date California driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.
You may also have to prove residency in the county in which you file your divorce paperwork once you have it completed. More information on this will be available as you work through the divorce process.
Valid grounds to get divorce in California
Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of California. Grounds are merely the reason for divorce, and the state must approve them.
No-fault grounds for divorce in California include:
Irreconcilable differences causing an irremediable breakdown of the marriage [Annotated California Code; Section 2310]. Irreconcilable differences are not normally required to be proven, but the court can require it in specific cases.
The general or fault-related reasons for divorce include, (but are not limited to):
Incurable insanity: For incurable insanity to be established, there must be documentation in places as from a doctor or hospital which declares that the situation isn’t likely to be resolved.
Property division in California
When a couple chooses to divorce in California, they must split their property in a fair and agreeable manner. Property distribution can be handled independently and without involving the court in an undisputed divorce. In doing this, the couple may make their own decisions regarding how property is distributed as long as it is fair and both members of the couple agrees without being coerced or manipulated in any way.
On the other hand, the court can become involved in a case where a decision is not met independently. If this is the case, there are specific rules that must be followed to assure that the spouses receive their fair share from the marital estate.
As a "Community Property" state, California will divide all property accumulated during the course of the marriage in an equal split if an agreement cannot be reached.
Property gained together after marriage, which is called joint property is presumed to be community property, which affects the burden of proof. This can then be countered by:
- An obvious statement in the paperwork for that property that declares that the property is solely that of the individual and not community property; or
- Written proof that the spouses have made an agreement that the property is that of an individual and not community property.
The courts go to great lengths to make the distribution of property as fair and equal as possible, and may take a portion of one person's property to cover the costs of those disparities of the other.
Any debts which were accumulated after the date of separation, but prior to the decision made by the courts regarding the divorce or legal separation are confirmed as such:
- Debts accumulated through the cost of living for both spouses as well as the needs of any children, without proof stating otherwise, is determined by who is more able to pay the debt at the time in which it was accumulated.
- Debts accumulated for non-necessities for either spouse, or for any children, will be determined without offsetting any support the court may issue to the spouse who incurred the debt.
Debts acquired after the motion for divorce has been filed, but before a ruling by the courts, will be confirmed without offset to the spouse who acquired the debt. (California Code - Sections: 2501, 2581, 2601, 2602, 2621, 2623, 2625, 2641)
Mediation support in California
If the court there is a chance for reconciliation in a non-contested case, they may require a delay and recommend mediation. Mediation is available in all cases for parties who wish to consider this as an alternative to divorce.
For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.
Filing fees for divorce in California
When an individual files divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Clients must check with their local courthouse to determine the exact amount.
How long will it take
Use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of the case. Clients start by filling out a questionnaire and can either complete it in one sitting or save their progress and complete it at a later date.
Once the documents have been completed, they need to be filed with the other spouse’s signature. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to a court.