California Divorce Process
During the California divorce process, there are certain requirements that must be met.
In the State of California, when you file for dissolution of marriage, you must meet the residency requirement set forth in California Family Code Section 2320(a). The residency requirement includes the following:
• You or your spouse must have been a resident of the county in which the proceeding is filed for three months preceding the filing of the petition.
If this residency requirement is not met, you or your spouse may not file for dissolution of marriage. In these cases, you may only file for legal separation. But you may also wait until enough time has passed so that you meet the residency requirement. Once enough time has passed, you may file an “amended petition” and ask the court for a divorce.
If you and your spouse have lived in California for at least six months, but in different counties for at least three months, you may file for dissolution of marriage in either county.
Grounds for Dissolution of Marriage
Under California Family Code Section 2310, when you file for dissolution of marriage, you must indicate the grounds for dissolution of marriage. In the petition you may select as grounds for dissolution of marriage “irreconcilable differences, which have caused the irremediable breakdown of the marriage.” California Family Code Section 2311 defines “irreconcilable differences” as “those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”Another ground for dissolution of a marriage listed under California Family Code Section 2310 is “incurable insanity.” Under California Family Code Section 2312, “a marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane.”
Riverside Divorce Lawyer
There are many complex issues in regards to divorces. If you are thinking of filing for dissolution of marriage or you have been served with divorce documents, you need an experienced divorce attorney to guide you through all the complex issues. The skilled divorce lawyers at Wallin & Klarich have dealt with divorce cases for over 30 years. We will work hard to achieve the best possible result in your case.With offices located in Los Angeles, Orange, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks, Torrance and Ventura , there is a Wallin & Klarich attorney available wherever you happen to live. To speak with a Wallin & Klarich lawyer today, please call us at (888) 749-7428. We will be there when you call.