Filing for Divorce in California

The laws and regulations concerning divorce vary throughout the U.S. In California, the two grounds accepted in filing for divorce are (a) irreconcilable differences and (b) incurable insanity, with the first of these categories accounting for the vast majority of separations. However, while irreconcilable difference might not be difficult to establish in today’s legal and social climate, the actual bureaucratic procedure is often lengthy and involved.

Prerequisites

First of all, in order to file for divorce in California, one of the spouses must have held continuous residency in the state for the past six months and in the county for the past three. Since California is a “no-fault” state when it comes to divorce, either spouse can generally file for divorce even if the other does not agree with the decision.

Steps in the Divorce Procedure

The Petition, or the formal document calling for a divorce, is filed and served on (legally presented to with the expectation of action) the other spouse, or the Respondent. The Respondent typically has thirty days to file an official Response.

A preliminary hearing will usually result from one of the parties filing an Order to Show Cause. At this meeting, a judge will issue temporary orders on child support, custody, and any retraining orders that might apply.

The next and often lengthiest part of the process is the discovery, in which the two parties exchange information relevant to the case. Part of this process involves a formal declaration of property, both jointly held and separate.

After this exchange of information is complete, the representatives of the parties will attempt to reach a settlement upon which both spouses can agree. If none can be reached, a trial will take place.

Contact Us

To speak with an experienced California divorce attorney, contact the offices of Daniel Jensen at 408-296-4100 today.