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Divorce laws in California

On Behalf of | Apr 17, 2022 | Divorce

If you’ve decided to end your marriage, you likely know that your divorce will not be immediate and you and your ex will have to work out some financial issues before the divorce is final. If you live in California, here are some state-specific mandates you should know about when it comes to dissolving your marriage and ensuring that your children and assets are protected.

Eligibility for filing a California divorce

You’ll have to be deemed eligible to divorce by the California courts if you’re a resident of the state. You and/or your spouse must have resided in California for six months or more before filing for divorce in the California county you live in. If you want to be able to file for divorce in any county in the state, you or your spouse must have lived in that county for at least three months before filing.

What are the grounds for divorce in California?

All divorces filed in the state of California are considered no-fault. This means that the spouse who requests the divorce does not have to provide the court with a reason for the divorce. The spouse who wants the divorce also does not have to prove that the other spouse wronged them. In California, the judge will not consider whether one spouse harmed the other or if adultery is the reason for the divorce.

Summary dissolution

In California, you can also opt for a summary dissolution, which is a simplified method for divorce. To qualify for a summary dissolution, you have to be married for less than five years. You can not have any children or own any property as a couple. This process can be an easier way to get a divorce since you won’t have to deal with custody or asset division issues.