FAQs

No. You can file for divorce even if the other party does not agree. Additionally, there are remedies available if the other party intentionally delays the proceeding, avoids service, or refuses to cooperate.

The Court requires the parties to wait six (6) months after the date the non-moving party is served with the divorce Petition before terminating marital status. The parties can reach a full agreement on all issues before the six (6) month period expires. However, they will not be legally divorced until the waiting period has passed.

Anyone who is over the age of 18 and not a party to the action.

If the other party has been properly served and does not respond to the divorce Petition, then the moving party can request a Default Judgment. There are specific rules imposed by the Court when filing a Default Judgment. For instance, the orders requested in the Default Judgment must conform to the requests made in the Petition for Dissolution of Marriage. Please seek the advice of counsel if you are considering filing a Default Judgment.

The Family Resolution Conference (FRC) is a case management hearing set by the Court at the time the Petition for Dissolution of Marriage is filed. At this hearing, the Court will request information from the parties regarding the status of the case and set future hearing dates to monitor the progress of the case.

The parties can agree on a parenting schedule and who will have custody of the children. If the parties are in agreement, then a written stipulation can be prepared and filed with the Court that describes the terms for custody. If the parties do not agree, then a motion can be filed requesting the Court make orders on these issues. In San Diego County, the Court will send the parties to Family Court Services (FCS) Mediation before making a determination regarding custody and parenting.

Family Court Services Mediation is child recommending counseling imposed by the Court when custody issues cannot be resolved by the parents informally. Both parties are required to attend this mediation without their attorneys. A mediator who works for the Court will meet with both parties to assist them in reaching agreements regarding custody and a child sharing plan. If the parties cannot agree to custody and parenting during FCS mediation, then the mediator will issue a report to the Court making recommendations as to what the custody and parenting arrangement should be for the children.

It depends. In California, child support is calculated by a statewide guideline formula. The factors considered in this formula include the parties’ respective incomes, the timeshare of the children, health insurance deductions, required union dues and retirement, as well as other factors. If the parties have equal parenting time with the children, but one party earns more income, then the higher earning parent may have to pay child support. Whether a parent will have to pay child support and the amount depends on the particular circumstances in each case.

There is no specific formula or calculation to determine permanent spousal support. In awarding permanent spousal support, the Court will consider the respective incomes of the parties, the earning ability of the supported spouse, the standard of living during the marriage, as well as other factors set forth in Family Code Section 4320.