Common Questions About Getting Divorced in California

Getting Divorced in California

Common Questions About Getting Divorced in California

No two divorces are the same. Whether you have no children or have several, opting for the dissolution of a marriage and getting a divorce is difficult. Going through a divorce can become both costly and stressful, for all the different parties involved.

On top of the courthouse filing fee and numerous divorce papers that must be prepared, what divorcing parties are going through emotionally constitute the unquantifiable cost of a divorce. 

I am working on a petition for the dissolution of marriage. What can I file in the divorce court?

Under relevant divorce law, there are two common ways to obtain a divorce. The first is an uncontested divorce case, a legal process where the married couple generally agrees on how the dissolution of marriage takes place. In contrast, contested divorce cases refer to instances when you and your spouse disagree on one or more issues, such as debts and finances, division of marital property, child custody (including legal custody, child support, and visitation), or even alimony or spousal support.

Why is it crucial to seek legal advice from experts?

Getting Divorced in California In a contested divorce petition, the matters above shall be decided upon through a court hearing. As such, some couples try to negotiate and settle for an uncontested divorce filing instead, as they are emotionally and financially lighter. It is important to consult with reliable Orange County Family Law attorneys to know how to file and get a divorce with less stress.

Under the uncontested divorce process, spouses may go through internal negotiation and attempt at resolving disagreements related to the petition for divorce. In doing so, they can avoid facing a messy contested divorce trial. Additionally, the uncontested process of divorce filings is generally shorter, since lesser steps are involved. An expert local attorney can help with all these.

What are the grounds for divorce in California?

You can file for divorce in the family court based on the following reasons or grounds:

  • Irreconcilable differences: these refer to differences that led to the permanent breakdown of the marriage
  • Permanent legal incapacity to make decisions: a competent medical or psychiatric testimony is used to prove that the spouse was (at the time the petition was filed) and still is lacking the legal capacity to make decisions

What are the residency requirements to file divorce documents in California?

Under state law, at least one of the spouses must have been a resident of California for at least six months, and have been a resident in the county (where the divorce is going to be filed) for a minimum of three months before filing the divorce petition. In the case of same-sex marriages, there are instances when spouses may push through the divorce procedure (and be able to get a judgment) even if neither is a resident of California at the time of the proceedings.

The above exception applies if the marriage was entered in California and neither spouse is living in a state that will dissolve the marriage. The latter refers to states that do not recognize the marriage, and will, presumably, not have such marriage dissolved. In this case, the same-sex spouse shall file in the superior court in the county where the marriage was entered.

There are different grounds for divorce and different ways of proceeding with your filing. Get legal representation and have competent Orange County Family Law attorneys help you as you fill out divorce paperwork. Hire a lawyer specializing in family law so that all relevant statutes will be taken into account.

Contact a trusted law firm that knows how divorce proceedings work. Call our Orange County Family Law attorneys at Trevino Law and consult with our hands-on family law attorneys.

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