Monterey Divorce

This article is about the divorce process in Monterey, California.  Monterey is the county seat of Monterey County.  The courthouse where family law matters are heard is located at 1200 Aguajito Road Monterey, California 93940. The courthouse is open on weekdays from 8:00 a.m. to 4:00 p.m.  The family law cases handled there include dissolution of marriage (divorce), legal separation, annulments, custody and visitation, and all other family law related matters.

Below are a few of the questions that people who are divorcing in Monterey often have.

Do I have to have a trial to get divorced?

While trial is one possible option in a divorce case, it is not necessary Many Monterey residents with a pending divorce case choose to mediation over a contested trial.  Mediation is a non-adversarial, voluntary process where divorcing couples work together with a third party mediator towards an agreement of the issues.

Do I need a legal separation?

Another common issue in a Monterey divorce case is whether it is necessary to actually file for legal separation before getting divorced.  There really is no difference between a legal separation and a divorce, other than your marital status.  The key issue is the date of separation  which is what determines when the community ceases to exist – an extremely important for property division purposes.

How long is child support payable for?

In California a child support payor in a divorce or family law case will pay child support until the child is eighteen years old or, if the child is still living at home and in high school, then until age nineteen. In a case where a child is disabled the court can order one or both parents to continue to support the disabled child who is not self-supporting.

How long does it take to get a divorce?

It is always difficult, if not impossible, to estimate how long a divorce will take.  Some take just a few months while others take well in excess of a year.  The average is probably somewhere in the range of six to twelve months.

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