Filing for Divorce in California
Although nobody goes into a romantic relationship expecting to get a divorce, not all romantic relationships last. However, before a couple decides to pursue a divorce on their own, it is important to understand that the process can have significant and long-lasting impacts, both emotionally and from a legal standpoint.
In the below post, we will review the divorce process in California, detailing specific state requirements and explaining how an experienced California divorce attorney can help you through the process.
Obtaining a Divorce in California
In California, divorce, also known as dissolution of marriage, involves a number of legal steps and forms. However, it should be noted that to obtain a divorce in the state, neither party has to prove that their spouse did something wrong. Rather, couples can get a divorce even if their partner does not want one. In truth, most divorces in the state are no-fault based on irreconcilable differences and require no evidence or assignment of guilt.
California Residence Requirement for Obtaining a Divorce
To file for divorce in California, an individual must meet certain residence requirements. As of the initial filing, either spouse must have lived in the state for at least six months and in the county where the divorce is being filed for at least three months.
Additionally, if the divorce involves any matters related to child custody, including parenting or visitation schedules, additional requirements must be met. For instance, children affected by divorce must have lived with a parent in the state for at least six months before the filing date or since birth if the child is younger than six months. If a parent does not meet this requirement, they may need to consult an experienced divorce attorney to determine whether they qualify for any exceptions.
The Six-Month Rule in California
Most couples in California can be granted a divorce within six months and one day from filing a divorce petition, but the date of service plays a crucial role in determining this date. The state’s courts have a mandatory cooling-off period of six months, which enables couples to reconsider their decision and dismiss the divorce if they wish to get back together and continue their marriage.
It is also worth noting that you do not have to wait for six months or any specific duration to file for divorce. This is because legal separation and divorce are two separate actions. Only a divorce (or an annulment) can terminate a marriage. Moreover, the time you spent separated from your spouse will not count towards the six-month waiting period. In fact, even if you were separated for years, the clock does not start ticking until you file a petition for divorce in family court and adequately serve the other party.
To Learn More About the Divorce Process in California, Contact Herrera Clifton Hess Today
If you are considering filing for divorce or want to know more about the divorce process in California, just know you do not have to go through this process alone. At Herrera Clifton Hess, our skilled and dedicated divorce lawyers have a reputation for quality representation and fighting hard for the favorable outcomes our clients need.
To discuss your situation in more detail, contact Herrera Clifton Hess today and speak with a member of our team.