First, at least one of the two parties to the divorce must have lived in California for at least six months prior to filing for divorce. Second, keep in mind that you have to file in a specific county within the state.
To be eligible to file in any county in California, at least one of the spouses must have lived in that county for three months before filing for divorce. All divorces in California are no-fault.
Thus, the party who asks for the divorce does not have to give a reason or prove that he or she was wronged by the other spouse. You have to follow certain steps to get divorced in California. To start the process for a divorce, one of the two spouses must file in superior court in the county where he or she meets the residency requirements.
The petitioner is the spouse who files for divorce. The petitioner must serve the other spouse, known as the respondent, with copies of the petition to divorce as well as any other relevant paperwork. From there, the divorce could go a number of ways. The simplest route is one in which both parties represent themselves and come up with a plan for the division of property and childcare without involving lawyers.
If that is not possible, you can undergo a mediation.
Mandatory Waiting Period in Divorce
A mediator does not have the force of law to make couples agree to terms, but a mediator can help a couple work through difficult issues. The most time-consuming and expensive option is a divorce trial. This will require each party to have a lawyer. It will involve discovery from both sides, and a judge will reach the final decision on the terms of the divorce.
Divorce FAQ - Cristin Lowe Law
To qualify for a summary dissolution, a couple must meet the following criteria:. Going to Trial — Divorce couples who go to trial wait an average of 7 more months to finalize their divorce. It simply takes longer to get on a court's trial calendar. Speaking of which Court Calendar — California courts have a much longer waiting time due to a backlog of hearings, trials, orders and final judgments divorce cases included.
If a divorce needs more than one trial hearing or can't be resolved outside of court, expect delays. Summary Dissolution — This is a quick and easy way to get a divorce.
To qualify for a summary dissolution of your marriage, you must meet all the California Courts requirements. Although this is the quickest way to get a divorce, it is advised to speak to a family law attorney to help you ensure the best solution for you and your family. As long as steps are taken to ensure that the parties are physically separated within the residence, then the parties will be physically separated for purposes of this test.
California Divorce Timeline
The second test is a subjective test, and refers to the intent of the parties. Mere physical separation is not enough, as some separated couples have no intention of ending their marriage through divorce. The date of separation will be on the date when both physical separation and intent is achieved. The length of your marriage is a very important factor in determining how courts deal with spousal support. The purpose of spousal support is to provide the supported spouse with sufficient income for their basic needs and to ensure that their lifestyle will remain consistent after the divorce.
Because of this, courts use the length of the marriage to determine how long spousal support orders should last.
click here Marriages are placed into one of two categories: short-term marriage and long-term marriages. Generally speaking, marriages that are less than ten 10 years are short-term marriages, and marriages that are more than ten 10 years are long-term marriages. However, the ten-year mark is not a hard and fast rule and a judge has discretion in making a determination as to which category your marriages falls under. The judge has discretion in making this ruling.