There seems to be a perception in our society that marriage is no longer a sacred commitment and getting a divorce is as routine a legal procedure as writing a will. But anyone who has actually been through a divorce knows that it is not an easy time in your life and the decision to finally part ways with your spouse is not made lightly.

Below you will find general information on filing for a divorce in California. For more information on your filing options, contact an experienced divorce attorney.

Residency Requirements

In order to obtain a divorce in California, you must meet the state’s residency requirements. At least one spouse must have lived in the state for 6 months and in the county where the divorce petition will be filed for 3 months immediately before filing the petition. One spouse (the petitioner) then must file the Petition for a Dissolution of Marriage with the Superior Court for the county in which he or she lives.

Grounds for the Divorce

California, like most states, is a no-fault divorce state, which means that the parties do not have to have a specific reason for filing for divorce. In the past, spouses had to list a specific reason for the divorce, such as adultery, extreme cruelty or conviction of a felony. However, under current law, the petitioner spouse need only note the ground for the divorce on the petition. Though there is more than one ground for divorce, the ground that will apply in virtually all cases is “irreconcilable differences.”

Uncontested vs. Contested Divorces

The length of time it takes to finalize a divorce depends on many factors, including whether the divorce is uncontested or contested. In an uncontested divorce, the spouses generally have come to an agreement before going to court about how their marital property and debt will be divided, how child custody, visitation and support payments will be handled and the amount of spousal support that will be paid. The spouses make required voluntary disclosures to one another of the value of their assets and property and any other information necessary to complete their divorce.

It is also considered an uncontested divorce if the other spouse cannot be located or fails to file a timely answer to the divorce petition. After the petitioner spouse has submitted the divorce petition to the court, the other spouse (the respondent spouse) generally has 30 days to file a response with the court. If the spouse does not file an answer during this time, the court may enter a default judgment for divorce against the respondent spouse, who then loses his or her right to contest the divorce.

Since the spouses are in agreement on the major issues in the divorce, uncontested divorces proceed through the court system much more quickly than contested divorces. However, just as with contested divorces, there is a mandatory 6-month wait between the time the petition for divorce is served and the time the court finalizes the divorce.

Not all couples are willing or able to come to an agreement on the terms of their divorce. In these cases, the divorce is considered a contested divorce. After filing the divorce petition, the attorneys representing each spouse usually request discovery of the other spouse’s financial documents and any other necessary information to complete the divorce. Once the discovery process is complete, the parties then will then enter settlement negotiations to attempt to achieve a mutual agreement. Most of the time spouses do come to agreement on most, if not all, of the terms of their dissolution. On those occasions when agreement on a particular term cannot be reached, the judge will ultimately resolve the dispute after a trial.

Summary Dissolutions

Some spouses may be able to apply for summary dissolution, which is basically a fast-track divorce. Summary dissolutions are only available to spouses who meet very specific criteria, including:

- They have been married for 5 years or less
- They do not have any children together
- They do not have any interest in real estate
- The value of their community property is less than $25,000
- The amount of their shared debt is less than $5000

Additionally, the parties must come to an agreement on how to divide the property they do own and any debts they may owe.

Spouses should not enter into a summary dissolution without carefully weighing their options. In exchange for using the simplified divorce process, they must give up certain legal rights that are available to spouses who use the traditional divorce process, including the right to appeal and the right to spousal support. An experienced family law attorney should be consulted before deciding to pursue a summary dissolution.

Hiring an Experienced Family Law Attorney

Whether you and your spouse have come to an agreement on the terms of your divorce or you anticipate that there will be significant disagreement over the most basic of issues, hiring the right lawyer to guide you through the process is the first step you should take.

Handling a divorce on your own without legal advice is never a good idea, even if the divorce seems clear-cut. There are many issues that come up during a divorce that you may not anticipate, such as the tax consequences of certain types of property and debt division. Divorces can be further complicated when spouses are less than forthcoming with one another and have hidden assets that should be considered as part of the marital estate. It is not uncommon for items that seemed to be non-issues at the start of the divorce to suddenly become hotly contested during settlement negotiations.

An attorney experienced in handling divorce cases can help you minimize the impact of any unanticipated issues, explain the consequences of your divorce settlement and help you get through the process as efficiently as possible so you can put this behind you and move forward with your life.

Reference: John S. Yohanan

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