If you are looking to get a divorce in Sacramento, California, there are specific steps and processes you must complete. Understanding how a divorce or dissolution of marriage works in Sacramento County can help you know what to expect from the process ahead. This can allow you to better prepare yourself legally, financially and emotionally.
A Divorce Petition Initiates the Process
Every divorce case in Sacramento begins with the FL-100 Petition for Dissolution of Marriage Form. This is step one of filing for divorce in Sacramento County. One of the spouses, known as the petitioner, will file this paperwork (and pay the filing fee) with his or her requests for terms such as child custody, support and alimony. The petition must be served on the other spouse, known as the respondent, who is then given 30 days to issue a response.
Contested vs. Uncontested Divorce in Sacramento
If the respondent agrees with all the terms laid out by the petitioner, he or she can respond with a full agreement or choose not to respond at all. This is known as an uncontested divorce. Once the 30-day window expires, if there is no response, the courts will issue a default divorce judgment.
A default divorce is an expedited process that does not require settlement negotiations or a trial. In a default divorce, the judge will finalize the terms of the divorce as put forth in the original petition.
If the respondent does wish to counter some or all of the terms included in the petition, his or her desired changes will be listed in the response. The couple will then have a contested divorce case that requires settlement negotiations or a divorce trial to resolve.
How Do the Sacramento Courts Make Divorce Decisions?
The community property law in California states that all marital property and assets owned by a couple at the time of divorce will be divided in half (50/50) should the case go to court. This is the rule in California regardless of whether it is fair to either spouse. The community property law is why most divorcing couples in Sacramento prefer mediation or arbitration to work out conflicts without a judge.
When it comes to decisions involving minor children, the courts always put the child’s best interests first. Neither parent receives preferential treatment. Both must state their case as to why their preferred custody agreement is better. Lengthy processes will be done to understand the child’s needs and design a custody arrangement that protects the child’s welfare.
When Is Hiring a Divorce Lawyer in Sacramento Right for You?
If your divorce case requires a court trial in Sacramento, start the process by contacting a Sacramento divorce attorney if you have not done so already. The court process can be long, arduous and emotionally taxing. An attorney can protect your rights while minimizing stress. You can trust your attorney to fight for your desired divorce outcome and protect your family every step of the way.
Boyd Law of Sacramento has highly experienced divorce attorneys and Certified Family Law Specialists who can represent you. We will guide you through every step of the divorce process from start to finish. We will answer your legal questions, identify your needs and aggressively pursue your goals with tailored legal strategies. Contact us today for an initial divorce consultation in Sacramento.
