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At any point in the divorce process, the parties can agree and sign divorce papers including those stipulating the division of property and establishing custody and even establishing support.
You are not officially divorced until your divorce judgment is entered with the court. It is not the date you would made the agreement, nor is it the date if you had a settlement conference and agreed upon everything at that settlement conference, it is the date the formal judgment is entered.
California takes a minimum of six months in a day to get divorced. In Sacramento County it takes 3 to 6 months to have your divorce package processed once the final judgment for dissolution of marriage has been submitted.
The official divorce date is the date that the formal judgment is entered. There are rare circumstances where he divorce may be entered retroactively to a date agreed upon by the parties. This is normally only happening if one of the parties accidentally got remarried prior to the divorce being finalized.
You do not have a right to continue health coverage provided by your ex-spouse after your divorce is final.
You cannot remove your spouse from health coverage during a divorce. Although the law does not prohibit you from removing your spouse just prior to filing for divorce, if it is done in the contemplation of divorce your spouse may obtain a court order to add them back onto your healthcare.
In all cases in California if healthcare is reasonably affordable, and it is almost always deemed reasonably affordable if it’s through employment, the court will order that the child remained on that parents’ healthcare. Although that may seem unfair, that parent gets a credit against child support in the child support calculation.
Personal property get separated typically by agreement, however if there is an argument the judge can get involved and make orders dividing the property.
You may take whatever you need when you leave the house that is reasonable. To determine what’s reasonable, one must ask themselves if they were the other party would they think it’s reasonable. It’s not reasonable to take all of the furniture, it is reasonable to take the spare bedrooms furniture. It’s reasonable to take all of your clothing and personal effects.
If the other party is still at the house you have the right to enter the house and get your property. If you believe there’s going to be some issues than most police or sheriff’s departments may be contacted for a civil standby where they will have a police officer or sheriff deputy waiting outside or down the street to make sure that things do not get ugly.
No, the other party may not hold your belongings hostage. If the other party refuses to allow you to take your items you may obtain a court order for them to be turned over to you.
If the other person moved out and left stuff behind, it should be boxed up and placed in a safe spot until it is retrieved by the other party. If the other party refuses to pick it up then it may be considered abandoned each individual case must be examined on its own merits.
For more information on Signing Papers In A California Divorce, a consultation with an experienced California Divorce Lawyer is your next best step. Get the information and legal answers you are seeking by calling (916) 685-7878 or by filling out our convenient online contact form today.
Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!
- Jack M.
