Understanding the basics about divorce laws in California can be crucial, even before you actually decide to go through with the legal process of ending a marriage. If you know what to expect before the case starts, the whole process can go quite a bit more smoothly. In a two-part series here, we will discuss some of the fundamental legal points of California divorce law.
Getting started
For starters, in California there is no need to provide a specific basis – or “fault” – for the marriage coming to an end. In the initial filings in the case, whichever spouse is filing for divorce can simply list “irreconcilable differences,” or a similar statement. Gone are the days when a spouse had to list a reason such as adultery, for example.
Another important point for those who are contemplating divorce to consider is that whoever is filing the case must satisfy the residence requirement in California. This means that the filer must have lived in California for at least six months before they can file a divorce case in the state. And, the spouse must have resided in the particular county where the divorce is being filed for at least three months.
The initial paperwork that is filed in the case must be correct – and contain the right information. Basic information about the length of the marriage, which type of court orders are being sought, status of minor children – this is common information that usually must be included in the paperwork. In Part II of this series, we will continue to cover several other important points for California residents to consider when contemplating divorce.