How do I get a divorce in California? Divorce Law Basics

If you are in a marriage that isn’t working out, you have probably wondered how to get a

divorce in California and what are the basic rules of divorce in California. This article will review

some of the divorce law basics, but for excellent legal advice, feel free to consult David Knecht at

1) What are the residency requirements for filing for divorce in California?

You have to be a resident of the state of California for the six months prior to filing for divorce in

2) Do I have to have to have a reason for getting a divorce, such as cheating or abuse?

No. California is a no-fault divorce state. You can get a divorce on the grounds of irreconcilable

differences, so you don’t have to prove infidelity or abuse.

3) Can I get divorced right away?

No, unfortunately there is a six month waiting period in California.

4) What is community property?

Property you acquired during your marriage is considered community property.

5) If I had assets prior to marriage, will my spouse get some of those assets in the divorce?

Property you owned before you were married or that you acquired by gift or inheritance after the

date of separation is your separate property.

6) How long do I have to wait to get remarried after the divorce?

You can remarry after the final judgment is entered ending your marriage. There is no waiting

period for a remarriage.

David Knecht welcomes family law cases. Please visit