When couples decide to divorce in California, they must meet certain requirements and take specific legal steps to dissolve their marriage. Each divorce is unique, and your individual circumstances may impact how you proceed with your divorce. Couples can handle a divorce without attorneys, but an experienced California family law attorney can help you through the process while protecting your interests.
In general, uncontested divorces can be resolved more quickly than contested divorces that require court intervention. If you and your spouse can agree to divorce terms, you only need judicial approval to grant your divorce. On the other hand, if you and your spouse cannot agree to divorce terms, a judge will have to decide those contested issues, and it will take more time to secure a divorce.
Meeting California’s Residency Requirements To File For Divorce
To file for a divorce in California, you must meet the residency requirements. Under California law, at least one party to the divorce must have been a California resident for six months prior to filing. One party must also have lived in the county where the divorce petition is filed for three or more months.
California law does provide a residency exception under some circumstances for non-resident, same-sex couples who were married in California. For example, suppose a same-sex couple was married in California and currently lives in a jurisdiction that will not grant the couple a divorce. In that case, the couple may seek a divorce in the county where they were married.
Beginning The Divorce Process
The person who files for divorce is called the petitioner. In California, the divorce process begins when the petitioner files the required legal forms in the appropriate court. After filing the paperwork, the petitioner must ensure that the spouse is served with the papers and proof of service is filed with the court.
California law mandates a six-month waiting period before a divorce is finalized. This means that every couple must wait a minimum of six months after the petition is filed to secure a divorce. During the waiting period, couples may try to resolve their differences and work out an agreement for some or all of their divorce terms.
Waiting For The Response
After the petitioner files for divorce and the spouse is served, the spouse (called the respondent) has 30 days to file a response with the court. The respondent may file a response but is not required to do so. If no response is filed, the court will make decisions about the terms of the divorce and grant the dissolution of marriage without hearing from the respondent.
Negotiating Your Divorce
When couples can agree to the terms of their divorce, the legal process is generally quicker and less expensive. Even if you cannot reach an agreement on your own, your attorneys may help you negotiate disputed matters such as debt and asset division, spousal support, and child custody.
Sometimes couples will agree to participate in mediation or other types of alternative dispute resolution to reach a divorce agreement. Even if you cannot agree to all of the divorce terms, settling some of the terms can be beneficial and help to cut down on the time and expenses related to your divorce.
Going Before A Judge
If you and your spouse reach an agreement on all matters, you may never have to appear before a judge. However, if there are unresolved issues, you may have to go to court and make your arguments to a judge. After reviewing the evidence and hearing from both sides, the judge will make decisions about your contested divorce terms.
Judgment And Dissolution Of Marriage
At the conclusion of the divorce process, the court will issue a judgment, also known as a divorce decree. The judgment will outline your divorce terms, as agreed upon by both parties or decided by the judge. Once the divorce decree is issued, you and your spouse are divorced, and you both must abide by the terms contained therein.
Reach Out To A California Divorce Attorney For Steps To Take
If you are considering a divorce, an experienced legal advocate can help. California divorce attorney Bruce A. Mandel has spent three decades representing clients in divorce and other family law matters. He understands the long-term impacts that divorce terms can have on you and your family, and he will work to secure the best possible outcome in your case.
Contact Bruce at 424-250-9130 or submit an online form for a FREE consultation to discuss your legal matter. Visit his Facebook page to learn more about his law firm and more on California family law.
