Divorce Frequently Asked Questions
You or your spouse must have lived in California for at least six months before filing for divorce, and you must also have lived in your specific county for at least three months.
In California, irreconcilable differences are grounds for divorce, indicating that there are significant and unresolvable issues between you and your spouse that have led to the breakdown of the marriage.
The divorce process timeline varies based on factors such as whether it’s contested or uncontested. On average, it takes around 6 months to a year for an uncontested divorce and longer for contested cases.
Yes, you have the right to represent yourself. However, it’s advisable to consult with an experienced divorce attorney to ensure you understand your rights and navigate the legal process effectively.
California follows community property laws, which generally means that marital assets and debts are divided equally between spouses. However, exceptions can apply based on various factors.
No, California is a no-fault divorce state, so you can file for divorce without needing your spouse’s consent. However, you must properly serve them with divorce papers.
Alimony is determined based on factors like the length of the marriage, income disparity, and each spouse’s needs. The court evaluates these factors to decide if alimony is appropriate.
Child custody decisions are made based on the child’s best interests. Factors such as each parent’s ability to provide a stable environment, their relationship with the child, and the child’s preferences are considered.
A legal separation involves living apart while remaining legally married. It addresses issues such as child custody, support, and property division but doesn’t terminate the marriage.
An annulment declares a marriage null and void, as if it never occurred. Grounds for annulment in California include fraud, bigamy, or a marriage involving a minor without parental consent.
If you can’t locate your spouse, you can request an alternative method of service with the court’s approval, such as publication in a local newspaper.
Yes, you can request a name change as part of the divorce proceedings. This is typically included in the divorce judgment.
Yes, many divorce cases are settled through negotiation, mediation, or collaborative processes without going to trial. These methods can be less adversarial and time-consuming.
If you and your spouse agree on all aspects of the divorce, including property division, custody, and support, an uncontested divorce can be relatively quicker and less costly.
Yes, certain aspects such as child custody, support, and spousal support can be modified if there are significant changes in circumstances. However, property division is generally final once the divorce is granted.
