Filing for divorce and making the decision to dissolve a marriage, after any amount of time, is an incredibly emotional experience.
At Gale, Angelo, Johnson & Pruett P.C., we have established a formal and thorough approach to representing clients who are going through this process. Our team takes the time to carefully prepare and consider all the facts and details for every case in order to handle negotiations, disputes and potential litigation in a compassionate way that will serve in the best interest of the client and lead to a successful outcome.
In the state of California, there are certain requirements that need to be met – at least one of the spouses must have lived in the state for at least six months prior to filing for divorce. Additionally, all divorces in California are considered “no-fault,” which means that the spouse filing for divorce does not need to provide a reason or prove that their partner did something wrong. Judges in California also don’t take fault or harm into consideration when dividing property or determining spousal support – this means that if one partner struggled with substance abuse problems or had an affair outside of the marriage it won’t make a difference when assets are being separated.
The divorce process in California is straightforward, but it does take some time – there is a mandatory six-month waiting period after you submit paperwork before it is finalized.
Here are the steps to take when filing for divorce in California:
- One of the two spouses must file in the superior court in the county where they meet residency requirements.
- The petitioner, or the spouse who filed for divorce, must serve the other spouse with copies of the petition to dissolve the marriage and any other important paperwork.
Once the papers are filed, both parties may choose to come up with a plan for separation of assets and childcare independently, or they can select to work with professional legal representation and undergo mediation or a divorce trial.
Going through a divorce is an emotionally taxing experience, and it can also be very expensive. In a divorce, all property obtained during the marriage is subject to division. The process can get even more challenging if children are involved and both parties don’t agree on custody, support and/or spousal support. If one or both partners cannot agree on a single topic, the whole process can get complicated and take more time to be finalized.
If you are considering filing for divorce, it is highly recommended to seek expert advice to provide legal support, access to invaluable resources and to have someone protect your best interests.
At Gale, Angelo, Johnson & Pruett P.C., we aim to make the experience of dissolving a marriage as smooth as possible. Working with an experienced and qualified divorce attorney is invaluable as we can help reduce stress, avoid any additional delays and to find a solution that is acceptable to both parties.
To learn more about the process of filing for divorce in California, or to inquire about expert legal advice for your unique situation then please fill out the accompanying inquiry form so we can schedule a personalized consultation.