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To obtain a divorce, the husband and wife must petition a court for judgment of divorce. Attorney usually draw up these documents for the Petitioner (other known as the person filing divorce).
The initial petition often demands much more than the Petitioner expects. Do not worry if your wife claims that she cannot support herself and therefore wants you to pay all attorney fee. Divorce Attorneys often use the initial petition as a wish list.
In California, the Respondent (also known as defendant or the person who did not file the divorce) has a limited time to file an answer. The Respondent's answer is usually brief, admitting or denying each assertion and asking the court to deny the Petitioner's request.
With the Answer, the respondent often files a Cross-Petition or Counter-Claim to set forth his position on the basic facts and the relief he seeks. It is always a good idea to file a Cross-Petition. Without it, the Respondent could easily find himself at trial facing on agenda set by his wife's inflated wish list. In California, the Petitioner has a limited time to file a response to the Cross-Petition.
Requirements for a Divorce in Sacramento, CA
In order to file for a divorce in Sacramento or California, a couple must have lived in the state for at least six months. In addition, the couple must have resided in the county they wish to file for divorce in for at least three months. Furthermore, California has a six month waiting period before the courts will grant a divorce.
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 to divorce. This is not true in California. California is a “no fault” state, meaning you 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.” 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.
Divorce is a complicated, complex, and emotionally difficult process for the entire family, and all of your rights must be acknowledged and protected during the divorce process.
Please contact your Divorce Attorney today and schedule Free Consultation.