In the state of California to be able to be eligible for divorce, you need to first meet a few requirements. There are residency requirements, court requirements, and a 6 month waiting period. Here’s where you can learn all the facts about divorce in California.
What are the requirements to get a divorce in California?
California law requires that spouses filing for divorce be residents of California for at least 6 months before filing for divorce. To add on top of this, the spouse filing for divorce has to be living in the county they are filing in for at least 3 months. These months have to be consecutive; not add on top of each other. In simpler terms, the 6 and 3 months waiting period does not equal 9 months of waiting. Thus, for example, if you lived in one county for 3 months and then live in another county within California for another 3 months, you would be eligible for divorce in California.
Many states require a reason why you are filing for divorce. California is not one of these states. Any spouse could go to the court and request a divorce for any reason, or no reason at all.
California courts also require the other spouse to respond within 30 days once filing a divorce. If the other spouse does not answer within the 30 days given, the judge could grant a default judgment. The 30 days start after the divorce is filed with the courts.
How are assets split in California?
Divorce in California affects community property. This means that all assets, debts, properties, tangible items, etc. would be split evenly down the middle. The courts require you to show your tax returns and all of the assets and debts the marriage has acquired during the time the couple were together.
What other ways can people get a divorce in California?
If you don’t want to go through the court process and have a simpler divorce process, mediation could be the answer to your problems. Divorce mediation can be a much less expensive process compared to litigation. When going through mediation, you and your spouse would meet with a neutral third party, the divorce mediator, and would start to go over the details of your marriage and divorce. Divorce mediators could go over a variety of things, such as how assets would be split, how properties could be split, alimony payments, and various other divorce topics.
The only area a mediator cannot cover or decide is regarding child custody and visitation. That is always left up to the court. Divorce mediation may not be for everyone. In some cases, one spouse wants more than what would be considered ‘fair.’ That may mean require you to go through litigation.
Keep in mind, there is also a 6-month waiting period for divorce mediation to be finalized.
How do I get started with my divorce?
To get started with your divorce, it’s a good idea to get in contact with an attorney. They would help you file your divorce paperwork to get the process started. Once this happens, the other spouse would have 30 days to respond. Your attorney would then go into discovery, which is the process in which the spouses would exchange the relevant documents and information with each other and the attorneys. Your attorney would then discuss the other attorney the amount of settlement and other issues. If both parties are able to come to an agreement, then an agreement is made and presented to the court. If a party denies the agreement, the party would then need to go to trial.
Contact Pride Legal
If you or a loved one has been thinking about divorce, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
