Divorce is a complicated topic as it involves emotional stress and worries for you and your family. To make matters more complex, each state sets its own laws regarding divorce. The attorneys at Holmes & Holmes understand the California divorce laws. Read below to understand how to begin filing for a divorce in California.
Grounds for Divorce
California law states that it is a no-fault divorce state. This, simply, means that you do not need to prove that one person caused the marriage to end. Instead, either you or your spouse may file for a divorce on the grounds of irreconcilable differences.
Residency Requirements & Waiting Period
In order to file for a divorce in California, one spouse must be a resident for at least six months prior to filing the petition for dissolution. On top of that, you must file the petition in the county of residence where you or your spouse has lived for at least three months. It is important to note that domestic partners do not need to prove residency to file for a petition of dissolution in California.
Once the petition has been filed, there is a wait time. The California courts cannot grant a divorce until six months after the non-filing spouse is either served with the petition or has appeared in the case.
The California law that qualifies all property acquired during the marriage as community property determines the division of property. The court will divide this means that any property acquired together equally. Any debt will also be divided equally. Additionally, if you so choose, you and your spouse can agree upon the asset division without the court. It is also important to remember that property acquired before the marriage, after the separation, or by an inheritance does not fall under community property. There are many exceptions to this general rule that we can explain to you.
For questions concerning divorce proceedings, contact the experienced divorce attorneys at Holmes & Holmes. Call now for a consultation.