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Starting a legal case is how you obtain a divorce in California. No one has to provide proof that someone was at fault for the divorce (this is called no-fault divorce). Even if the other party opposes divorce, you are still entitled to one.
To end a domestic partnership or marriage, you can file for divorce. You can follow these measures to go through a legal separation. For an annulment, you need particular instructions.
Table of Contents
Make Sure You Can File In California
In order to file for divorce in California, either you or your spouse must have spent the previous six months there and the previous three months in the county in which you are currently residing.
File Papers To Start The Case And Pay A Fee
There is a charge associated with filing paperwork with the court. Illustration of the required payment. Pay a cost The cost to begin the case ranges from $435 to $450. You can request a fee waiver if you are financially unable to pay.
Share The Divorce Papers With Your Spouse
You must have someone provide your spouse a copy of your documents after you file them. Illustration of the transfer of a signed paper form serves legal documents Serving court papers is the legitimate technique to officially inform someone that you have filed a lawsuit.
What Rights Does A Wife Have In A California Divorce?
A wife in California may be eligible for 50% of the marital estate, and 40% of her spouse’s income in the form of spousal support, child support, and primary custody. These rights are determined, among other things, by the length of the marriage and the income of each spouse.
Divorce Laws in California
If your relationship doesn’t last till death do you part, your divorce will be fraught with complicated legal and financial issues. You should be familiar with the nuances of divorce in California if you reside there.
This manual will walk you through the procedures and particulars of divorce in California so you can maintain your financial stability even while your marriage dissolves. To help you navigate the financial side of the divorce process, you might wish to locate a financial expert.
How to File for Divorce in California
Eligibility
In order to petition for divorce in a California court, you must be eligible. First, before filing for divorce, at least one of the two parties must have resided in California for at least six months. Second, remember that inside the state, you are required to file in a particular county. Any California county may accept divorce petitions, but at least one of the parties must have spent the previous three months residing there.
Grounds for Divorce in California
In California, there is no-fault in any divorce. As a result, the spouse who requests a divorce is not required to provide a justification or provide evidence of how the other spouse has injured them. Judges also don’t take fault into account when allocating property or deciding who will pay support. The judge won’t take infidelity or other wrongdoing against the other spouse into account when making a divorce decision.
Process to Divorce
To divorce in California, you must do specific actions. Don’t expect to take care of this immediately away because there is a statutory six-month waiting time after the divorce is filed before it is finalized.
One of the two spouses must apply for divorce in a superior court in the county where they satisfy the residency requirements. The spouse who files for divorce is known as the petitioner. Copies of the petition for divorce and any other pertinent documents must be served on the other spouse, known as the respondent.
Divorce might take a number of different paths from there. It is easiest if both parties represent themselves and negotiate the division of assets and custody of children without the assistance of attorneys. If it’s not feasible, you can participate in mediation. Although a mediator cannot compel parties to agree to conditions, they can assist a couple in resolving contentious situations.
