Before you can file for divorce in California, you will need to verify that you and your spouse are eligible to do so.
To get a divorce in California, either you or your spouse will need to meet the following requirements. Many states require you to satisfy certain grounds for divorce in order to file.
California is not one of these states, since it follows a no-fault divorce system. You do not need to prove any wrongdoing by your spouse to get a divorce, even if he or she does not agree with the proceedings. When you decide to file for divorce, contact a California family lawyer to assist you with the required paperwork. If you and your spouse have children together, you may need to file additional paperwork. After you file your divorce papers, you must officially serve your spouse with the paperwork.
You can do it yourself, or you can have another adult aged 18 years or older do it for you. And we fight to secure fair results. Call today to talk to a lawyer about your case. No matter the reason behind it, divorce can be a harrowing process. Between the emotional distress, the legal mess, and the Divorce can be challenging for any couple, no matter their circumstances. It can be particularly difficult if you own a business. In our April 15, By Law Offices of H.
William Edgar. The short answer to the above question is that it depends. There are, however, some factors that apply to every California divorce. In fact, these factors even apply if you are seeking a dissolution of a domestic partnership. You hear that, everyone? You and your domestic partner are not exempt! First, California divorce law contains a mandatory waiting period.
There is nothing you can do to avoid this six month wait. It applies even if your legal separation date predates you filing the petition by decades. Thus, if you want to split from your spouse fast , the best thing you can do is fill out the initial divorce paperwork, pay that filing fee, and get the divorce proceedings rolling yourself. Relatedly, a court will not even accept your petition unless you already meet the residency requirement.
For a lot of you, this is a non-issue, but for others, it delays the end of their marriage that much longer. Under California law, a married couple cannot file the initial California divorce papers until at least one spouse has to have been a California resident for at least six months. In addition, one spouse has to have lived in the filing county for a minimum of three months.
If a fast divorce is a priority for you and your spouse, California family law does offer one lucky break: no-fault divorce. See, in many states, the filing spouse has the option of alleging legal fault for the marriage ending, in which case they must prove it in court. Contrary to the pop-cultural imagination, most divorces never make it to court, so the added element of fault can sometimes lead to a much lengthier divorce process.
Meanwhile in California, you do not have this option. Child custody tends to be the single most contentious family law matter. These disputes are deeply emotional, and if you or your spouse let those emotions take hold, you may drag your otherwise simple divorce all the way to court. You can get fill-in-the-blank forms and instructions there; you can also get the forms you need at your local courthouse or the local law library.
Your county probably has information on its website about your local courts and divorce procedures. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Getting Divorced in California. If you're looking to get a divorce in California, Nolo can help. Make the process simpler and reduce your expenses armed with information that will help you: Determine child support and make sure it's enforced.
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