Divorce can be an emotionally taxing and overwhelming experience to undergo. During such a time, the last thing you might want to do is navigate a maze of legal and financial challenges. However, it is important to consider these aspects of a divorce since retaining your financial stability can prove to be beneficial to your emotional well-being in the long run.
This article highlights some fundamentals of divorce law in California. If you live in California and have been considering getting a divorce from your spouse, and aren’t sure about where to start, perhaps this article could help you. Keep reading to learn more.
Eligibility Criteria
To file for divorce in California, you or your spouse should have lived in the state for at least six months before filing for divorce. You should also file for divorce within a specific county. In order to do so, you or your spouse must have lived in that county for at least three months before filing for divorce.
Talk to a trusted legal consultant and confirm if you and your partner meet the eligibility requirements for divorce in California.
Grounds for Divorce
Divorces in California are no-fault, which means that the spouse filing for divorce doesn’t have to prove that the other spouse wronged them or is at fault for their marriage ending. Both parties only need to state that they have irreconcilable differences or that they simply cannot get along.
This also means that judges do not consider any faults by either spouse during rulings. Any decisions regarding the division of property, financial reimbursement, support, etc., will be determined by not considering any spousal faults.
Filing for Divorce
The first step in filing for divorce is for one or both of the spouses to actually file their papers and pay the filing fees. The spouse who files for divorce is referred to as the petitioner, and the spouse who is served the divorce is called the respondent.
Contested and Uncontested Divorces
While your divorce could be a no-fault divorce, it doesn’t necessarily mean that both parties agree on how to divide their assets and finances and share childcare & custody arrangements. If a couple disagrees on how they will share their assets and responsibilities, it’s referred to as a contested divorce. If a couple can amicably agree amongst themselves about how to proceed with the divorce, then it’s referred to as an uncontested divorce.
After filing for divorce, you and your spouse will need to complete other required steps. Depending on if your case is contested or uncontested, most couples will have to wait for a period of at least six months before your divorce can be finalized. Keep in mind, both uncontested and contested divorces often take in excess of a year to finalize.
Each type of divorce comes with a unique set of considerations that a legal professional can guide you through. Talk to them about your situation and take their advice into consideration to make an informed decision for your future.
If you’re looking for skilled divorce attorneys in San Diego, California, talk to our experts at Broaden Law. We understand how stressful and complex divorce law matters can be. Our experts are here to represent and fight for your rights. So if you’re looking for legal representation tailored to your needs and budget, get in touch with us right away! If you have further questions, feel free to call us at 619-567-6845 or contact us online!