Just to file the necessary paperwork to initiate a divorce in California, the State requires you to pay a filing fee of $435. From there, it all depends on the individual case. Contested divorces are much more expensive than uncontested divorces. A contested divorce is one in which the couple does not agree on certain aspects of the divorce and they must rely on the court to settle the dispute for them. You are not required to hire an attorney to handle your divorce, however, many people do for contested divorces because so much is at stake. In Fresno County, nearly all attorneys charge hourly for their divorce services. Hourly rates range (that we have seen) between $250/hour to $400/hour. Each attorney working on an hourly basis will require a retainer to be paid up front. Contested divorces will surely deplete the initial retainer at least one time. The general answer is that divorce is very expensive and can easily cost thousands of dollars.
It used to be said that a divorce in California would take just over six months. That is not the case anymore. While that is still the law it is almost never the actual timeframe in which a divorce is resolved. In fact, we are starting to see this number is drift closer to 18 months. Things like your commitment to finalizing quickly, the opposing party’s commitment, the working relationship with the opposing party, financial ability to continue to pay for legal services, providing all of the proper documentation necessary to settle a divorce, dishonesty about finances and what you are willing to disclose to your soon-to-be-ex all factor in. For example, if someone is not truthful about all of their assets it will bring progress to a halt as discovery is propounded and the issue is litigated.
California is a community property state. Meaning that any property acquired during the marriage will be equally divided at the time of divorce. There are several exceptions to this rule and the division will largely depend on the specifics of your case.
There are several factors that are considered by the family law judge when it comes to spousal support orders. The length of marriage is usually the primary factor. Age and health of both individuals is also considered. The court will also examine each individual’s earning potential and contributions during the course of the marriage.
