Our Goal Is To End Your Case

  1. Home
  2.  » 
  3. Firm News
  4.  » Three important requirements for getting divorced in California

Three important requirements for getting divorced in California

On Behalf of | Mar 26, 2021 | Firm News

Divorces are disruptive events in the lives of San Diego residents and their kids. Though the decision to divorce may be easy, getting through the process without problems of conflicts can be difficult. Most individuals elect to work with trusted family law and divorce attorneys to help then avoid challenges and overcome obstacles on their paths to divorce.

There are many steps required to end a marriage in the Golden State, and this post will introduce readers to 3 important requirements that divorcing parties must fulfill in order to legally end their marriages in California. No reader should interpret the contents of this post as legal advice, as only information is offered herein. Readers’ legal representatives can help and counsel them through their challenges and questions.

Fact #1: Individuals must be able to identify a reason they want to get a divorce

In California, a person must based their request to divorce on a recognized grounds for divorce. In the past and in other jurisdictions, grounds for divorce were based on the fault of one of the parties. Fault is not a present-day requirement to terminate a California marriage.

To get a divorce in California, a person must allege one of two recognized grounds for divorce: irreconcilable differences and insanity. These are considered no-fault grounds for divorce. To prove irreconcilable differences, a divorcing party must express that their marriage is broken and cannot be repaired.

Fact #2: There is a residency requirement

California courts are available for California residents for divorce. That means that at least one of the parties to a divorce must have lived in California for at least 6 months before they file. That party also must have lived for at least 3 months in the county where they choose to file to end their marriage. There are exceptions to the residency rule for some same-sex parties, but anyone who has residency requirement questions can direct them to their trusted legal representatives.

Fact #3: Individuals have to wait to get their final divorce decrees

Generally, divorces in California take at least a few months to complete. That is because There is a waiting period imposed on then courts can issue final divorce decrees. A court must wait 60 days to issue their final determination on a divorce from the date the non-filing party received the divorce paperwork or their first appearance in court. Additionally, when there is the possibility that the parties to a divorce will get back together, a court can delay a divorce for 30 days.

There are many more elements that San Diego residents should be prepared to understand and fulfill to end their marriages. It can be a lot to stay on top of the details and technical elements of divorce without help. Attorneys who work in the family law field can be assets to men and women who are ready to move forward with their divorce proceedings.