Requirements for a Divorce in California
California law oversees the divorce process, and spouses must comply with the requirements under the law in order to legally end their marriage. The following are only some of the basic requirements to seek a divorce in this state. To discuss your specific situation, consult with a divorce lawyer in Roseville right away.
Residency
Not just anyone can petition a California court for a divorce. Instead, one or both spouses must have been residents of the state for six months or more before filing the petition. You must file the divorce petition in the county where you live, and one spouse must have been a resident of that county for three months or longer.
Grounds
The divorce petition must state grounds for seeking a divorce. California does not recognize fault-based divorces that allege adultery or other misconduct as grounds for divorce. Instead, you must state no-fault grounds of irreconcilable differences that led to the breakdown of your marriage.
Resolving Issues
The court will require you to resolve all necessary issues before the divorce will be granted. Issues can vary from case to case, but common issues include:
- Division of community property
- Spousal support (also known as maintenance or alimony)
- Physical and legal child custody
- Child support
Waiting Period
Once someone files for divorce and the petition is served on the other spouse, you must wait at least six months to have your divorce finalized. Even if you are able to resolve your divorce-related issue relatively quickly, you will still have this waiting period. There are no exceptions to the six-month wait time in California.
Contact a Divorce Lawyer in Roseville, California Today
If you are getting divorced, you should not hesitate to contact a Roseville divorce attorney at Khatami Law. We can help with every step of the process and ensure you meet all the necessary requirements. Call 916.584.9595 or contact us online for more information.