Divorce Attorney in Ontario, California

Divorce is never an easy process, regardless of where you are. In California, however, there are some unique laws and procedures that you should be aware of if you're considering ending your marriage. As someone who has assisted others working through divorce, I understand how overwhelming it can feel.

At the Law Office of Shelly Jean John, I strive to help clients through divorce, covering everything from residency requirements to the division of assets and custody arrangements. Located in Ontario, California, I serve clients throughout Riverside, California, San Bernardino County, and Riverside County. Reach out today to schedule a consultation.

Residency Requirements

Before filing for divorce in California, it’s important to meet the state’s residency requirements. To file for divorce here, one spouse must have lived in California for at least six months before the filing. Additionally, one of you needs to have resided in the county where the divorce will be filed for at least three months.

This might seem like a minor detail, but it’s crucial, as failing to meet these requirements could delay the process significantly. If you've recently relocated to California but don't meet these requirements yet, you may need to consider filing for a legal separation first and later converting that into a divorce once you qualify.

No-Fault Divorce State

California is a no-fault divorce state, which means that neither party has to prove wrongdoing such as adultery, abandonment, or abuse to file for divorce. The only grounds for divorce in California are irreconcilable differences or the incurable insanity of one spouse.

Most people cite irreconcilable differences, which means that you and your spouse no longer get along, and there is no reasonable chance of reconciliation.

This no-fault system simplifies the process because there’s no need to air personal grievances in court. However, even though no fault needs to be proven, the emotional impact of ending a marriage can still be difficult to manage.

The Divorce Process

The divorce process in California starts when one spouse, the petitioner, files a divorce petition and serves it on the other spouse, known as the respondent. Once served, the respondent has 30 days to file a response. If they fail to respond, the divorce could proceed as a default, where the court may grant the petitioner what they’ve requested in the divorce petition.

After the initial filings, both parties need to exchange information and documents about their assets, debts, income, and expenses. This stage is called "discovery." It's vital to be transparent here because hiding assets can result in penalties or a less favorable outcome.

In my experience, this step can be one of the most frustrating parts of the process. Having all your financial details laid bare can feel invasive, but it’s necessary for a fair division of assets.

Community Property and Asset Division

California is a community property state, which means that any assets or debts acquired during the marriage belong equally to both spouses. During a divorce, these assets are typically divided 50-50. Community property includes everything from homes, cars, and bank accounts to debts like mortgages or credit card balances.

However, not all assets are subject to division. Property owned before the marriage or received as a gift or inheritance during the marriage is generally considered separate property and belongs to the original owner.

In some cases, the lines between community and separate property can blur. For example, if a separate property home was refinanced during the marriage or increased in value due to improvements made during the marriage. These situations often require legal guidance.

While California law calls for an equal division of community property, it's possible to negotiate and settle outside of court. If you and your spouse can reach an agreement on how to divide your property, it can save both time and money.

Spousal Support (Alimony)

Spousal support, or alimony, can be one of the most contentious issues in a divorce. In California, the purpose of spousal support is to allow the lower-earning spouse to maintain a standard of living similar to what they had during the marriage, at least temporarily.

Spousal support isn't automatic; it’s determined based on factors such as the length of the marriage, the age and health of both parties and each spouse’s financial situation. Long-term marriages (usually those over 10 years) may result in longer spousal support orders, whereas shorter marriages might lead to temporary support designed to help the recipient get back on their feet.

It's important to remember that every case is unique, and just because a friend received a certain amount of spousal support doesn’t mean your outcome will be the same.

Child Custody and Support

For divorcing parents, child custody and support can be the most emotionally charged part of the process. California courts focus on what’s in the best interest of the child when making custody decisions. This usually results in joint custody, allowing the child to maintain relationships with both parents. Custody is broken down into two categories: legal custody (decision-making authority) and physical custody (where the child lives).

Child support is determined using a formula that factors in each parent’s income, how much time the child spends with each parent, and other financial obligations. While the formula is relatively straightforward, disputes often arise over income reporting and the amount of time spent with each parent. It’s essential to make sure that all information provided to the court is accurate, as this will influence the child support order.

If you’re a parent, it’s crucial to keep your child’s well-being at the forefront during the divorce process. I know firsthand how challenging it can be to set aside your personal feelings, but staying focused on what’s best for your children can make all the difference in helping them adjust to the new family dynamics.

Mediation vs. Litigation

While some divorces are highly contentious and require litigation, many couples in California opt for mediation. Mediation is a process where both spouses work with a neutral third party to negotiate and settle the terms of their divorce. This can include everything from asset division to custody arrangements.

Mediation tends to be less expensive and faster than going to court. It also allows for more privacy, as the details of the divorce are not aired in a public courtroom. Additionally, mediation often results in better outcomes because both parties have a say in the final agreement, rather than leaving it up to a judge.

If you’re on relatively good terms with your spouse and think you can work together to reach an agreement, mediation is worth considering. I’ve seen mediation help couples reach mutually beneficial agreements, but I’ve also witnessed cases where litigation became necessary because one spouse refused to cooperate or was hiding assets.

The Waiting Period

California has a mandatory six-month waiting period before a divorce can be finalized. This means that even if both parties agree on all terms of the divorce, you still need to wait six months from the time the respondent is served before the court can issue a final judgment.

This waiting period often frustrates people because they just want to move on with their lives. However, the waiting period also provides time to reconsider and possibly reconcile if that’s something both parties are open to. During my own experience, I found that this time allowed me to process everything emotionally, which was helpful when making important decisions about the future.

Finalizing the Divorce

Once all the terms of your divorce have been negotiated or decided by a judge, and the six-month waiting period has passed, the court will issue a final judgment of dissolution. At that point, your marriage is officially over.

It’s important to carefully review the final judgment to make sure that everything is as agreed upon. This is the document that will govern the division of assets, custody arrangements, and any spousal or child support. If you notice any errors, you’ll need to act quickly to correct them.

Moving Forward

Divorce is undoubtedly a life-altering event, but it also represents a new beginning. Once the process is over, it’s time to focus on rebuilding and moving forward. Whether it’s finding a new home, re-entering the workforce, or simply taking time to heal emotionally, this chapter in your life will eventually lead to growth and renewal.

As someone who has been through a divorce, I can tell you that while it’s difficult, it’s also an opportunity for personal transformation. Surround yourself with supportive friends, family, or even a therapist, and take things one step at a time. The road ahead may not always be easy, but with patience and resilience, you’ll emerge stronger.

Work With a Skilled Divorce Attorney

In California, divorce can have various challenges, but understanding the process can make it more manageable. From residency requirements to the division of assets and custody issues, there are numerous factors to consider. While the emotional toll is inevitable, being informed about what to expect will help you maneuver through this transition with greater confidence.

Shelly Jean John is a family law attorney with over two decades of experience, having graduated from the University of San Francisco School of Law in 1998. She offers services in mediation, collaborative divorce, and full representation. Her practice areas include divorce, child custody, spousal support, and more. Shelly prioritizes creative solutions for clients and tailors her services to individual needs.

She is also a trained mediator and is passionate about helping families work through difficult legal matters. Call the Law Office of Shelly Jean John for help in Ontario, California; Riverside, California or throughout San Bernardino County and Riverside County.