Divorce – What Are the Requirements for Divorce in California?

The requirements for a California divorce are simple. Obviously, the couple needs to be married, a party must fulfill the residency requirements, and the document requesting divorce (called the Petition for Dissolution of Marriage) must state adequate grounds for a divorce.

The state of California requires that the party filing the divorce papers must have been a California residence for at least six months, and a resident of the county where the petition was filed for at least three months. Once the petition is filed, a divorce will not become final until at least six months from the initial filing date.

Note, however, that the parties do not need fulfill the residency requirements to file for legal separation. Thus, nonresident parties often file for legal separation first, then once they have obtained their residency requirements, amend the initial filing to request the court for a divorce.

California recognizes two grounds for divorce. The overwhelming majority of divorces are due to “irreconcilable differences,” a blanket term that does not require any further explanation or proof to justify the divorce. However, the petition for dissolution of marriage may also ask for divorce because of the other party’s “incurable insanity.” This is extremely rare, and the party filing for divorce must show that the person was insane both at the time of the petition’s filing, and the time of the divorce trial. This requires expert witnesses, and can be expensive and time-consuming to pursue.

Before filing for divorce, consult with a Southern California divorce attorney. Even though California is a no-fault divorce jurisdiction, pursuing a course of action without an attorney’s advice may lead to catastrophic consequences, especially regarding other issues such as child custody or division of property. Be sure that you have talked to a divorce lawyer before filing your petition for legal separation or divorce.

If you or someone you know is considering divorce, you will need a skilled Southern California divorce lawyer to advise you of your rights. At Wallin & Klarich, we have helped people going through divorce for over 30 years. Call us today at (888) 749-7428. We will be there when you call.