Every state has varying laws on how to get a valid divorce. If you’re looking to get divorced in California, it’s a smart idea to familiarize yourself with the laws and regulations that you’ll have to follow when doing so and think about hiring an expert divorce attorney in Riverside, CA.
Here’s what you should know about filing for divorce in California and how the process works.
California doesn’t have a lot of requirements for filing for divorce. The basic guidelines for divorce include:
California is a “no-fault” state for divorce. This means that a spouse does not have to justify or have a legal reason for why they are filing for divorce in the state. In most divorce cases in California, couples claim “irreconcilable differences,” meaning that they are unable to get along and ultimately want to dissolve the marriage because they don’t see the potential for fixing it.
To be eligible for a divorce in California, one or both spouses must meet the residency requirements of the state. It is required that at least one of the spouses has been living in the state of California for at least 6 months before a divorce can be initiated. In addition to the 6-month requirement, California also states that one spouse must have resided for a minimum of 3 months in the county they wish to file.
While filing for divorce can seem daunting to anyone thinking of going through it, knowing the steps of the process ahead of time can help it seem much less intimidating. To initiate a divorce in California, you must:
Every divorce includes a wide range of family law details that need to be addressed before it can be finalized, including:
Alimony is a payment made from one spouse to the other during the divorce process or after. Spousal support is implemented if one spouse can prove they need financial assistance to continue to live comfortably after they separate from their partner, but it is not required in every California divorce.
Many parents struggle to come to agreements on custody, which can make the process more complicated. After determining custody in a divorce, you must also address child support. If one parent has primary custody, the noncustodial parent will be required to make child support payments to ensure their children are still taken care of. The amount paid will be based on the number of children, their ages, and the incomes of both spouses.
Because California is a community property state, each spouse is entitled to a fair share of the property when it is divided. During the property division process, it’s important to make sure marital and separate properties are identified so they can be properly distributed.
The length of your marriage does not affect what you are entitled to when you are divorced. Because California is a community property state, whatever is acquired during the marriage is equally owned by each partner. Meaning that if the marriage was only a few months, the property split will only be from that period of time.
Spouses can either work together to come to an agreement on child custody or it can go to the local court for a final decision if they cannot agree.
A wife is entitled to the same amount of property and assets as their husband in a California divorce because it is a community property state.
Because California is a no-fault divorce state, the only requirements you must meet are the residency requirements in order to file for divorce.
If you are thinking about filing for divorce in California, our family law attorneys at the Najera Law Group, P.C., are prepared to help you through the process. To learn more about our team and the divorce services we provide, contact us today.