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California Divorce

Updated: 4/30/2024
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11y ago

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The dissolution of marriage in the State of California is otherwise known as a divorce, which is a legally binding document that entails a number of steps before the process is actually finalized. The following information will explain the procedure itself, as well as the legal responsibilities involving both parties.

Filing

Petitioning for divorce in California can be filed alone, or with the assistance of a California family law attorney. Normally this is done in person through the County Clerk's office, yet printable versions are also available online. In terms of residency, one or both parties must have lived in the state for a minimum of 6 months, as well as a minimum of 3 months of residency in the county in which the divorce is filed. Legitimate grounds for dissolution must also be indicated; in many cases, California divorces have been granted under the conditions of "irreconcilable differences." No-fault divorces are similar in the sense that no wrongdoing needs to have taken place in order to justify the petition.

Circumstances

Certain conditions also apply to each respective situation. The spouse receiving the divorce papers is also known as the respondent; as part of the completion process, the spouse or respondent must comply with the request for divorce, but also concur to the terms and conditions of the agreement. In cases where children are not involved, the issue of spousal support often arises. If children under the age of 18 are part of the equation, suitable visitation arrangements and the question of both spousal and child support may factor in as well. The duration of any given marriage may also play a significant role in terms of capital; the 10-year rule in California implies that the spouse who earns less money may be eligible for part of the other spouse's Social Security benefits. The court also recognizes this as a long-term marriage, where material assets are divided more evenly.

Sometimes these situations can become emotionally draining for all parties involved, not to mention the amount of time it takes to resolve these issues. Aside from additional forms being filled out to complete the process, both parties must sign all the necessary documents issued by the court. Divorce proceedings in California take a minimum of 6 months before finalization, which serves the main purpose of possible reconciliation.

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In California, divorce is completed through a process of filing a petition, serving the other party, and reaching agreements on issues like child custody, support, and property division. There is a mandatory waiting period before a divorce can be finalized, and if the parties cannot reach an agreement, the court will make decisions for them. It's recommended to seek legal advice to navigate the process effectively.

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Related questions

Is California an at-fault state FOR DIVORCE?

California is a no fault divorce state. Anyone can obtain a divorce based upon "irreconcilable differences" regardless of the reasons for the divorce.


Can you get a divorce if you're pregnant in California?

You are entitled to get a divorce in California, regardless of the fact that you may be pregnant. California is a no fault state. Pregnancy has no impact on the ability to obtain a divorce based upon irreconcilable differences.


If married in Hawaii can a divorce be obtained in California?

Yes, if a person got married in Hawaii they can divorce in the state of California. The person will have to be a resident of California for a certain amount of time before filing for a divorce.


Do both parties in a divorce have to sign papers in California?

No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney- www.california-familylawyers.com


How do you appeal a divorce settlement in California?

An appeal of a divorce settlement in California is heard in front of the District Courts of Appeal. An attorney will need to file an appeal after the divorce has been granted.


Why can one get a divorce in California without divorce attorneys being involved?

Divorces in California don't necessarily require divorce attorneys as many Californian cases of divorce are easily settled. Divorce attorneys are required only when an agreement has not been reached.


How do you get custodial rights for your children in California when filing for divorce?

By including that in your divorce petition.


How long can you get married after a divorce in California?

You can get married as soon as your Divorce Proceeding is Final in California. There is no waiting period once your case is finalized.


If you have filed for a divorce in California waiting for court to finalize divorce can you register with the California court to marry someone else?

You cannot get married until your divorce is final. Polygamy is against the law.


I was married in California moved to Texas and am now moving back to California does it matter where I get a divorce?

You have to divorce in the same state you were married in. Some states require you to divorce in the very county you were married in.


Can you divorce on the grounds of adultery in California?

California is a no-fault state.


Does divorce affect young children in California?

Divorce effects children. Geography has little to do with it.