In California, petitioners must fulfill all the prerequisites for a divorce case before the judge finalizes the action. The state requires petitioners to fulfill residency requirements. The petitioners must also reach an agreement with their spouse to achieve an uncontested divorce. Family law lawyers in Temecula help petitioners review all requirements when starting a divorce motion.
Residency Requirements for a Divorce in California
The petitioner must live in the state for at least six months before they start a petition for a divorce. The county residency requirement is at least three months. Once the petitioner fulfills the residency requirements, the state of California can take jurisdiction over the case.
Are There Waiting Periods in California?
Yes, the petitioner and their spouse must wait at least six months before the divorce is finalized by the court. Each party must sign all documents related to the divorce, and the defendant cannot contest the divorce. If the divorce is contested, the delays are longer.
What Grounds Are Used in California Divorces?
The petitioner has two options for the divorce grounds. First, they can choose irreconcilable differences. The divorce grounds indicate that no one was at fault, and evidence is not needed to support any allegations. The second divorce ground is incurable insanity, and the petitioner needs to provide evidence of admission into a mental health facility. Typically, their spouse must be admitted for at least two years to use the grounds.
How Are Marital Assets Divided?
The state requires the couple to divide the entire marital estate evenly. If the value of assets awarded isn’t balanced, the couple may be required to sell certain assets and divide the proceeds. In some divorce cases, a spouse may be ordered to pay alimony. If alimony is required for this reason, it is temporary.
In California, petitioners start with a petition to start the divorce and create a divorce agreement with their attorney. The documents are sent to their spouse for a response. The defendant must respond within sixty days, or a default judgment is filed. The state requires a six-month waiting period before the divorce is final. Petitioners who need to discuss divorce with family law lawyers in Temecula can contact the Law Office of Michelle Penna or visit the website today.
