What is the state of divorce today? Divorce is on the decline, but divorces are still happening, and families still need help navigating the legal system. Divorce can alter your family life, impact your finances, and change your employment and professional prospects. So it’s best to make sure you have the highest level of protection from a divorce attorney in Sacramento. And that’s where we come in.
At Pakpour Banks LLP, we have some of the best divorce attorneys in Sacramento. Our advocacy is award-winning, and we focus on building strong relationships with our clients so we can address their unique needs and ease their worries during tough times. You deserve a good support system when your marriage is coming to an end. We can be that support for you.
Divorce Facts
According to a report from Bowling Green State University, in 2022, the U.S. divorce rate was 14.56 divorces per 1,000 married women. This is significantly down from approximately 20 divorces per 1,000 married women in 2010 and from the high of 22.6 divorces per 1,000 married women in 1979. And when it comes to the State of California, the 2022 divorce rate was even lower at 12.4 divorces per 1,000 married women.
So, with these changing trends, what factors contribute to a couple deciding to split or stay together?
Finances are a big factor in a decision to divorce. The UCLA Newsroom reports that a recent study found that a $1 raise in minimum wage reduced divorce rates by up to 15% over the next two years. California’s minimum wage of $16.50 per hour is significantly higher than the federal minimum wage. But unlike other cities and counties in California, Sacramento has not opted to enforce a higher minimum wage than the state rate.
A census report also noted that economic factors influence divorce. And as you know, economic factors can continue to significantly affect spouses during and after their divorce. Other than finances, the census points to cultural factors and marital quality as matters that can affect a couple’s decision to divorce. Whatever influenced your decision to dissolve your marriage, our highly experienced Sacramento, California, divorce lawyers are ready to guide you through the process.
The Divorce Process in California
Before filing for divorce in Sacramento, you must meet California’s residency requirements. Those requirements state that you or your spouse must have lived in California for at least six months before you file, and one of you must have lived in Sacramento County for at least 90 days.
A divorce, officially called a dissolution of marriage, involves:
- Filing the petition. One spouse (the petitioner) files a petition for dissolution of marriage with the Sacramento County Superior Court. The petition is a written request asking for the court to grant a divorce.
- Serving divorce papers. The petitioner must serve the other spouse (the respondent) with divorce papers.
- Response. After receiving divorce papers, the other spouse has 30 days to respond.
- Temporary orders. Either spouse may request temporary court orders that are in effect during the legal divorce process. The judge can grant a temporary order regarding custody, child support, spousal support, or use of the family home.
- Financial disclosures. The spouses must exchange accurate and detailed financial information.
- Discovery. Attorneys may gather documents, depose witnesses, and use experts to uncover important facts.
- Trial. If the spouses do not reach a settlement outside of court, a judge hears the evidence in a trial. After hearing the evidence, the judge will rule on any outstanding issues.
- Divorce order. Once the spouses or the court resolve all issues, the judge issues an order legally dissolving the marriage.
If your spouse does not respond within 30 days of being served, you can request a default judgment. In that case, the court may grant the divorce without your spouse’s participation, as long as you make a good-faith effort to locate them.
Even in straightforward cases, divorce in California takes at least six months due to the mandatory waiting period. Courts cannot finalize a divorce for couples until six months after the respondent is served or otherwise appears in the case, whichever is sooner.
What to Expect in Divorce Court
For many couples, the two main concerns in divorce are the division of assets and the allocation of child custody rights. You may also address spousal and child support. When a divorce court makes a decision about these matters, it engages in a detailed analysis of many factors. To make sure this analysis is fair and favorable to you, you will need to provide evidence and good arguments supporting your position. The best way to make sure this happens is to hire an experienced divorce attorney.
Dividing Assets
In the typical California divorce, each spouse gets to keep their separate property while the community property gets fairly divided between the spouses. This is easier said than done because defining what is separate and what is part of the community estate can be challenging.
Community Property
California law defines community property as:
- Debt you incur while married,
- Assets you acquired while married, and
- Property you purchased with the money you earned while married.
Community property includes your wages, retirement benefits, mortgage obligations, business proceeds, and more. We can help you gather and submit documentation regarding your assets so the court can properly distribute them.
Separate Property
Separate property is what each spouse owned and owed before the marriage and after separation. It also includes anything a spouse buys with their separate property, gifts given to one spouse, and any inheritance a spouse receives before, during, or after the marriage.
Valuation, Disclosure, and Hidden Assets
Couples with significant assets and business dealings might need the help of not only an attorney but also other professionals, such as forensic accountants or business appraisers. These professionals can properly assess the property value and identify its nature. We can put you in touch with the right professionals to review your finances and provide expert reports for the judge’s consideration.
California law requires both spouses to provide complete financial disclosures to each other. If a spouse tries to hide or misrepresent assets, the court can impose penalties, such as awarding a larger share of property to the honest spouse or issuing monetary sanctions. A former spouse who later discovers concealment might be able to reopen the case and have the court redistribute the affected assets.
Child Custody
In a child custody case, the court decides who will have legal and physical custody of any children you share with your spouse. Physical custody covers who your children will live with, and legal custody covers who will make important decisions about your child’s life. The court makes these decisions based on what is in the child’s best interests.
To determine what is in the best interests of your child, the court looks at the following:
- Whether there is a history of domestic violence;
- The age and health of your child;
- Your and your spouse’s ability to care for your child;
- The ties your child has to their home, community, and school;
- Whether there is a history of substance abuse by either parent; and
- The emotional ties your child has with each parent.
Similar to dealing with financial issues, you may need the help of other professionals to support your position on child custody and parenting time. You may need the testimony or reports of physicians, education professionals, or social workers to make sure your child’s needs are properly met in the divorce decree.
Custody orders are not set in stone. If circumstances change—such as a parent relocating, a change in work schedules, or new concerns about a child’s welfare—you can ask the court to modify the arrangement.
Child Support
Child support is a court-ordered payment from one parent to another designed to ensure children’s needs are met after divorce. California uses a guideline formula that considers each parent’s income, parenting time, and certain expenses to determine the amount of child support a parent will pay. Child support typically covers basic living expenses, like rent/mortgage, utilities, phone, internet, clothing, groceries, and food.
The court can order additional child support to cover the costs:
- Unreimbursed medical expenses,
- Work-related child care,
- Educational expenses, and
- Extracurricular activities.
Parents can also request modifications to support orders if their circumstances significantly change. Substantial changes in circumstances that support such a modification can include job loss, a substantial raise, or increased costs for a child’s care.
Spousal Support (Alimony)
Spousal support, also called alimony, is financial assistance one spouse pays the other during or after divorce. In California, courts may award different types of spousal support, including:
- Temporary spousal support (pendente lite)—payments made while the divorce is pending to help maintain financial stability;
- Long-term or permanent support—payments made once the divorce is final;
The court considers many factors when deciding whether to order support and, if so, how much, including:
- The length of the marriage,
- Each spouse’s income and earning potential,
- Whether one spouse sacrificed career opportunities to support the family,
- The standard of living during the marriage, and
- Each spouse’s health and age.
Couples can modify even permanent spousal support if circumstances change, such as one ex-spouse loses their job or the supported spouse gets remarried.
Resolving Divorce Without Going to Court
Not every divorce needs to end in a courtroom battle. With the help of skilled divorce attorneys in Sacramento, many couples can resolve their issues outside of court, reducing stress, saving money, and helping them move forward more peacefully.
In Sacramento, couples often resolve cases outside of court through negotiated settlements, mediation, and collaborative divorce. These alternatives can reduce conflict, save money, protect children from prolonged disputes, and give families more flexibility in shaping their futures.
Negotiated Settlement
In a negotiated settlement, each spouse works with their attorney to directly negotiate with the other. Attorneys exchange proposals and work to resolve disputes without a judge’s involvement.
Mediation
Mediation is a process where a neutral third party, called a mediator, helps spouses reach agreements on issues such as property division, custody, and support. The mediator does not provide legal advice or make decisions. Instead, they guide the conversation so both parties can find common ground.
Mediation is often faster, less expensive, and more private than a trial. It also gives you more control over the outcome, and courts frequently require couples to attend mediation before scheduling a trial.
Collaborative Divorce
Collaborative divorce is a structured process where each spouse hires specially trained attorneys and commits to resolving issues outside of court. The process often includes other professionals, such as financial advisors or mental health specialists, who help address the legal, financial, and emotional aspects of divorce.
How Our Sacramento Divorce Attorneys Can Help
While you are not legally required to have an attorney when you divorce, hiring an attorney can be crucial to a good outcome. An attorney can help you with the following:
- Gathering and analyzing evidence,
- Negotiating settlement terms,
- Uncovering hidden assets,
- Making the best arguments for your position,
- Speaking to your spouse or their attorney when you do not have an amicable relationship, and
- Reviewing the terms of settlement agreements before you sign.
Your family’s well-being during and after your divorce is of the utmost importance, and our skilled divorce attorneys in Sacramento know how to support and protect you through the process.
Beyond these direct services, we also guide clients through local requirements and resources. Divorce in Sacramento County typically involves the Family Law Division of the Sacramento County Superior Court. The court may require mediation services or parenting classes in custody cases and offer self-help centers for those representing themselves. Knowing which resources apply and how to use them can be overwhelming, but we make sure you have the support and information you need at every step.
Contact the Sacramento Divorce Attorneys at Pakpour Banks LLP Today
When you need the best divorce lawyers in Sacramento, you can call Pakpour Banks LLP. We are top-rated divorce attorneys who have over a decade of experience. Not only are we skilled and knowledgeable, but we are also focused on building supportive relationships with our clients. If you need help, please call or contact us online to schedule a consultation.
FAQs
Where Do I File for Divorce?
To initiate a divorce in California, you have to meet the jurisdiction requirements. You or your spouse must have lived in California for at least six months to file for divorce in the state. You can file in whatever county you or your spouse lived for at least 90 days.
Does Every Divorcing Couple Have to Split Their Community Property 50/50?
No. You and your spouse can negotiate a distribution of community property that is not 50/50. This can be done with an oral stipulation in court or with a written agreement. We can negotiate these matters for you.
How Long Does a Divorce Take?
The time it takes to divorce varies from couple to couple. The level of complexity and contentiousness in a case can make it take more or less time. However, every divorcing couple must wait at least six months after the respondent is served or appears in court before their divorce is final.
What If My Spouse Does Not Respond to Divorce Papers?
If your spouse does not file a response, you may be able to request a default judgment, where the court can finalize your divorce without your spouse’s participation.
Can I Modify Custody or Support After Divorce?
Yes. If a significant change in circumstances has occurred, you can ask the court to modify custody and support orders.
Do I Have to Go to Court for My Divorce?
Not always. Many couples resolve divorces through mediation, settlement, or collaborative divorce.
What If My Spouse Hides Assets?
California law requires full financial disclosure. If a spouse hides assets, the court can impose penalties, and the non-concealing spouse may be entitled to a larger share of the property.
Resource List
U.C. Berkeley Labor Center, link.
U.S. Census Bureau, Number, Timing, and Duration of Marriages and Divorces 2016, link.
California Courts, Child Custody and Visitation, link.
California Statutes Section 2550, Division of Property, link.
California Courts, Divorce in California, link.