Divorce Without Children in California: What You Need To Know (2024)

Sep 12

, Carroll Law Office

Divorce cases can be extremely complex and emotionally heavy to walk through. Because of this, it is helpful to understand beforehand what exactly you are going into. There are many laws surrounding divorce and how the proceeding is to be carried out. Certain factors can impact your case greatly. If you have questions about divorce without children in California, continue reading to learn more about how this factor may influence your case.

Divorce Without Children

There are many factors which must be considered in any divorce case, and the more complex factors there are the longer it may take to finalize a divorce. In the case that you and your spouse do not have children, the process may be significantly simpler than in cases involving children.

One avenue that couples who do not have children may be able to take to obtain a quick and easy separation is that of summary dissolution. This is a way of separating from your spouse that does not require either of you to appear in court or go through trial proceedings of any kind. There are, however, additional requirements that must be met in order to be eligible to file for a summary dissolution instead of a formal divorce. Some of these include:

• You and your spouse must have been married for less than five years.
• Neither you nor your spouse is pregnant.
• Neither of you owns any property or buildings.
• Aside from your vehicles, you and your spouse’s total community property worth is less than $53,000.
• Neither you nor your spouse owns property that is worth more than $53,000.

Do I Need a Lawyer?

It can be tempting to want to navigate a separation from your spouse by yourself for many reasons, including wanting to save money on lawyer fees and costs. However, there are many benefits that hiring a lawyer can have for you personally and for the outcome of your case.

Even if you and your spouse do not go to court, a lawyer can provide legal guidance and counsel.

Even if you and your spouse choose to go the route of a summary dissolution or uncontested divorce, having an experienced lawyer in your corner can help greatly. There will still be legal proceedings and paperwork that must be completed and filed, which a lawyer can help you to both understand and complete correctly. A lawyer can even help you and your spouse determine which avenue of separation may be well-suited for your situation.

In addition, a lawyer who has experience in guiding couples through divorce cases can be of personal emotional support to you during this time. It can be stressful and difficult to pursue something as impactful as divorce on your own, being tasked with gathering evidence and materials and information. A lawyer has walked through this process before and can provide you a shoulder to lean on as you go through these steps.

FAQs

What Is a Wife Entitled to in a Divorce in California With No Kids?

A wife is entitled to various things in a divorce in California, even if she and her spouse have no kids. For example, because California is a community property state, each spouse will divide equally all assets that were acquired during the marriage. This same rule applies to debts that were accrued during the time of the marriage. As a wife, what you are entitled to after your divorce will depend on what you and your spouse acquired while married.

What Is the Five-Year Rule for Divorce in California?

The five-year rule for divorce in California is sometimes also referred to as summary dissolution. If you have been married to your spouse for less than five years, you may be able to file for a summary dissolution, which is a less formal and complex way of obtaining a legal separation from them. However, there are other qualifying factors that must be met, such as not having any children and having assets under a certain amount.

How Long Do You Have to Be Married to Get Half of Everything in California?

California is a community property state, which means that in a divorce, if there are no outstanding issues, both spouses will be entitled to half of what was acquired during the marriage. There is no minimum time log on this rule. No matter how long you have been married, this rule applies to your property if you and your spouse are pursuing a divorce.

How Many Years Do You Have to Be Married to Get Spousal Support in California?

There is no time amount that must be met for one spouse to receive spousal support after a divorce in California. Terms of alimony are decided on a case-by-case basis and will depend on each couple’s unique set of circumstances. In some cases, spousal support may not be awarded at all to either spouse. If alimony is granted, there may be a time limit placed on how long one is required to financially support the other.

Contact Our California Divorce Lawyer Today

If you are getting a divorce, no matter how complex or simple your case may be, it could be of great benefit to you to have an experienced lawyer by your side. While a divorce comes with some amount of stress that is unavoidable, an attorney can help you find peace and strength during this difficult time. Many divorce cases have multiple facets and layers to them, meaning it could take a long time to get through.

Deciding to divorce your spouse can have a great impact on your life. It is important that you do not leave your future in the hands of someone who is inexperienced or who does not care about you. Instead, reach out to a compassionate, knowledgeable attorney who will fight with you and alongside you. If you have questions or simply need guidance on which steps to take next, contact The Carroll Law Office today to learn more about how we can help.