Divorce

Divorce

The Basics

A divorce ends your marriage or domestic partnership. After you get divorced, you will be single, and you can marry or become a domestic partner again.

You can get a divorce if you say you have “irreconcilable differences” with your spouse or domestic partner. You do not have to give the court any other reason or prove anything. California is a “no fault” divorce state, which means that the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong. To get a no fault divorce, one spouse or domestic partner has to state that the couple cannot get along. Legally, this is called “irreconcilable differences.”

During a divorce, the court is interested in helping the separating spouses or partners reach a fair agreement about how their life will be restructured after the divorce so they can move ahead to rebuild their lives.

When you start a divorce case, you can ask the judge to make orders about:

  • Custody and visitation;
  • Child support;
  • Spousal or partner support;
  • The division of your property; and
  • Who will be responsible for paying debts.
  • If lawyers are involved, you may be able to get orders about who will pay their fees.
  • You can also ask the judge to make other orders about things like domestic violence.

The divorce process will take at least 6 months from the date the person filing for divorce officially lets his or her spouse or domestic partner know about the divorce. The case can take longer. BUT it cannot be faster than the 6 months. This is a mandatory waiting period required by California law and no couple can be divorced faster than 6 months. You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the divorce itself will not be final until at least 6 months after starting the case.

California Residency Requirements for Divorce

For married persons to get a divorce you must meet California’s residency requirements. Either you or your spouse must have lived in:

  • California for the last 6 months, AND
  • The county where you plan to file the divorce for the last 3 months.
  • If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

If you do not meet the residency requirement, you can still file for a legal separation. Once enough time has passed so that you meet the residency requirement for a divorce, you may file an “amended petition” and ask the court for a divorce.

Contact Dream Law today for a free consultation on the facts of your case!

(626) 993-6725, Available 24 hours/7 days a week

Office Location

155 N. Lake Avenue, Suite 800
Pasadena, CA 91101

*Source: www.courts.ca.gov

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