Filing for Divorce in Riverside
Filing for divorce in Riverside can create emotional scars for everyone involved. Riverside divorce attorney Julie M. Hill has helped Riverside and Inland Empire clients successfully navigate divorces for many years.
Divorce in California is no fault, and fault is not a factor in deciding divorce issues — meaning, with few exceptions, your spouse’s actions do not affect the outcome of your divorce settlement.
Riverside divorce process
The Riverside divorce process starts with filing a petition for divorce and having your spouse served with the petition. You must also file and serve a declaration regarding any children in the marriage.
Your spouse has 30 days to file a response. If your spouse does not respond in time, you may request a default judgment from the court. The divorce summons contains automatic restraining orders and neither you nor your spouse may:
- Remove your children from the state without written consent from your spouse or court order
- Cash, borrow against, cancel, transfer, dispose of or change the beneficiary of insurance/other coverage held for either’s benefit
- Transfer, encumber, conceal, or dispose of real or personal property without written consent of your spouse or court order (with exceptions)
- Make any extraordinary expenditure without five days’ written prior notice
If either you or your spouse breaks the above provisions, contempt charges may ensue from the judge.
Once your divorce is filed, agreements on marital issues must be worked out, including:
- Temporary custody
- Temporary child/spousal support
If an agreement cannot be reached, the judge decides for you. In divorces with children where custody disputes exist, mandatory mediation is ordered. In mediation, a mediator works with the spouses to develop a parenting plan. If, after mediation, an agreement still is not reached, the judge decides custody issues based on your child’s best interest. The temporary order continues until an agreement is reached or the issues are resolved at trial.
Riverside divorce advice for property/debt division
California is a community property state and marital debt and assets are divided equally between spouses. The court requires a declaration of disclosure from each party to determine marital assets/debts that includes:
- All assets/debts — jointly and separately owned
- Business investments and opportunities