If you are considering divorce, you may be wondering about residency requirements, grounds for divorce, and what the main steps are in the divorce process. This article will provide an overview of the basics divorce process to help you think about how you are going to handle your divorce case. There are three main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time. Planning before you start and talking to a lawyer can save you time and money as you go through the court process. At the Law Office of David Knecht, at 707-451-4502, we can help you plan your divorce from the beginning, or we can assist in a divorce that has already been initiated. We are experienced divorce lawyers here to help you succeed.
- What are the residency requirements for divorce in California?
- You or your spouse must have been a resident in the state of California for at least six months and a resident in the county where the divorce is going to be filed for at least three months prior to filing for divorce, unless the case involves same-sex marriages.
- With same-sex marriage, a judgment for divorce, nullity, or legal separation is possible even if neither person is a resident of California at the time the proceedings if 1) the marriage was entered in California and 2) neither spouse lives in a state that will dissolve the marriage (in a state that doesn’t recognize the marriage).
- See California Family Code 2320 at this link:
- What are the grounds for divorce or legal separation in California?
- Most common: Irreconcilable differences
- It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage. The other person can’t stop a divorce. California is a “no fault” divorce state, which means that the person who wants the divorce does not have to prove that the other person did anything wrong. They just have to state that there were “irreconcilable differences,” which means that they do not get along.
- Also grounds for divorce: Permanent legal incapacity to make decisions.
- See California Family Code 2310 at this link.
- What are the basic steps in a California divorce?
- You meet the residency requirements.
- You state the grounds for divorce.
- Divorce paperwork needs to be filed and served to your spouse.
- Your spouse will have an opportunity to tell their side of the story, if they contest the information in your paperwork. This can happen through written paperwork and proceedings either live proceedings or virtual.
- If your spouse does not respond within a certain time frame, the divorce can proceed as uncontested.
- Issues involving property, children and financial support will be resolved either through settlement or court hearings.
Consult with the Law Office of David Knecht
At the Law Office of David Knecht, at 707-451-4502, we have extensive experience in divorce in California. We can explain the divorce process to you and advocate for the property division, financial support and custody arrangements that would work best for you.
