Does California care whose "fault" the divorce is?

No. California is a "no-fault" state. The court typically grants divorces based on "irreconcilable differences," meaning you do not need to prove misconduct by your spouse to end the marriage.

How long does it take to get a divorce in El Dorado County?

In California, there is a mandatory six-month waiting period from the date the respondent is served before the divorce can be finalized. Even if you reach an agreement quickly, you will not be legally single until this period expires.

What are the residency requirements to file in Placerville?

To file for divorce at the El Dorado County Superior Court, at least one spouse must have lived in California for the past six months and in El Dorado County for the past three months.

What is the difference between Legal Separation and Divorce?

Legal separation allows you to resolve issues like property division and support while remaining legally married. This is often chosen for religious reasons or to maintain certain benefits like health insurance. Unlike a divorce, there is no six-month waiting period for a legal separation to become effective.

What is CCRC, and is it mandatory?

Yes. In El Dorado County, if parents cannot agree on a parenting plan, they are required to attend Child Custody Recommending Counseling (CCRC). Unlike some other counties, El Dorado is a "recommending" county, meaning if you don't reach an agreement, the counselor will submit a written recommendation to the judge.

At what age can my child choose which parent to live with?

There is no fixed age where a child "chooses," but California law states that if a child is of "sufficient age and capacity to reason" (often considered around age 14), the court must consider their preference. However, the judge always makes the final decision based on the child's best interests.

What does "Best Interests of the Child" actually mean in our local court?

The Placerville judges focus on the child’s health, safety, and welfare. They look for stability, the continuity of the child’s environment (school, friends, and community in the Foothills), and each parent’s ability to support the child's relationship with the other parent.

How is child support calculated in El Dorado County?

California uses a statewide "guideline" formula. It primarily looks at both parents' monthly net disposable income and the percentage of time each parent spends with the children.

How long does spousal support (alimony) last?

For marriages lasting less than 10 years, support is generally paid for half the length of the marriage. For "long-term" marriages (10+ years), the court has more discretion and may not set a specific termination date at the start.

What happens to our home and debts?

California is a community property state. Generally, any assets or debts acquired during the marriage are split 50/50. Property owned before the marriage or received as an inheritance is usually considered separate property, though "commingling" assets can complicate this.