- Child support
- Child custody and visitation
- Spousal support
- Property division
- Divorce Mediation
- Community property
- Post-judgment modification
Sacramento Divorce Attorney
Are you considering divorce? Here are the concepts involved in getting a divorce in California.
The Divorce Process
There are two parties in a divorce. One of the spouses, the husband or wife, initiates the divorce process. This spouse petitions a court for a divorce and is called the petitioner. A family law attorney usually draws up the documents for the petitioner, that is, the spouse filing the divorce papers. The other spouse is served with the divorce papers and is known as the respondent. In California, the respondent has a limited time to file an answer with the court to the divorce papers.
Along with the answer, the respondent often files a cross-petition or counter-claim to set forth his or her position on the basic facts and the relief he or she seeks. It is always a good idea to file an answer unless the respondent agrees with the relief sought by the petitioner. Without filing an answer, the respondent can easily find herself or himself being unable to participate in the process or lose valuable rights.
Requirements for a Divorce in Sacramento, CA
To be able to file for a divorce in California, one of the spouses must have lived in the state for at least six months prior to filing the petition. In addition to being a resident of California, that spouse must have resided in the county they wish to file for divorce in for at least three months.
Divorce waiting period:
California has a six month waiting period before the courts grant a divorce. This period usually starts when the non-filing spouse is served with the divorce papers.
California Is a “No-Fault” Divorce State
In some states, a couple will only be granted a divorce if they can prove they have acceptable grounds for divorce. However, California is what is knows a “no-fault” state. This means that the spouses do not need to prove that one or both spouses did something wrong in order to be granted a divorce.
The fact that one or both people in the marriage want a divorce is reason enough for judges in California. A couple can simply state that they have “irreconcilable differences,” i.e. they simply cannot get along with each other and fundamental disagreements make it impossible for them to continue being married. Furthermore, because California is a “no-fault” state, a couple will still be granted a divorce even if one spouse does not wish to divorce.