Understanding California Divorce Laws

Divorce is not an everyday experience, and if you are about to enter the legal process to dissolve your marriage, the procedure you will go through is most likely unfamiliar to you. At Blasser Law, we are here not just to advise you and represent you, but also to educate, inform and guide you every step of the way so you understand the proceedings and know what to expect at every stage. Below you will find a brief overview of the divorce process in California, including grounds for divorce, residency requirements, and the steps involved in filing for divorce. For help with divorce in Los Angeles or the San Gabriel Valley, contact Blasser Law in Claremont to share your needs and goals with our team of compassionate and experienced California family law attorneys.

Grounds for Divorce in California

California is a “no-fault” divorce state, meaning that the spouse filing for divorce does not need to prove any wrongdoing or fault on the part of the other spouse. Other than permanent legal incapacity, which is seldom used, the only ground for divorce in California is “irreconcilable differences,” which essentially means that the couple cannot get along and there is no hope of reconciling. This no-fault approach allows for a more straightforward and less contentious divorce process.

Residency Requirements

To file for divorce in California, certain residency requirements must be met. Either you or your spouse must have lived in the state for at least six months and in the county where you plan to file for divorce for at least three months before filing the petition. If you do not meet these residency requirements, you may need to wait or consider filing for legal separation in the meantime.

The Divorce Process in California

Step 1: Filing the Petition

The divorce process begins with one spouse (the petitioner) filing a Petition for Dissolution of Marriage with the local Superior Court. The petition includes basic information about the marriage, such as the names of the spouses, the date of the marriage, and any children from the marriage. It also outlines the petitioner’s requests for property division, child custody, child support, and spousal support.

Step 2: Serving the Petition

Once the petition is filed, the petitioner must serve a copy of the petition and a Summons on the other spouse (the respondent). This can be done through a process server, sheriff, or, in some cases, by mail. The respondent then has 30 days to file a response to the petition.

Step 3: Temporary Orders

Either spouse can request temporary court orders for issues such as child custody, child support, spousal support, or property control while the divorce is pending. These orders are typically requested by filing a motion with the court and can provide necessary relief and structure during the divorce process.

Step 4: Discovery

The discovery phase involves the exchange of information and documents between the spouses. This material can include financial documents, property valuations, and other relevant information. The purpose of discovery is to ensure that both parties have a clear understanding of the assets, debts, and other factors that will affect the divorce settlement.

Step 5: Settlement or Trial

Many divorce cases are settled out of court through negotiation or mediation. If the spouses can reach an agreement on all issues, they can submit a settlement agreement to the court for approval. If an agreement cannot be reached, the case will go to trial, where a judge will make decisions on the unresolved issues.

Step 6: Final Judgment

Once all issues are resolved, either through settlement or trial, the court will issue a final judgment of dissolution of marriage. This decree officially ends the marriage and outlines the terms of the divorce, including property division, child custody, child support, and spousal support.

Contact Blasser Law in Claremont for Help With Divorce in Los Angeles and the San Gabriel Valley

At Blasser Law in Claremont, our experienced family law attorneys are committed to providing compassionate and skilled representation to our clients in Los Angeles and the San Gabriel Valley. If you are facing a divorce or have questions about California divorce laws, call us at 877-927-2181 to schedule a free consultation and learn how we can assist you during this challenging time.