When two people get married, they never do so with the intent to eventually get divorced. Even with the best of intentions, however, divorce is frequently the result. In fact, recent statistics suggest that just over 40% of all marriages will end in divorce.
When a couple gets divorced, the proceedings can be very complex, especially when the couple was married for a long time or had children together. Because of the complexity of divorce, you should always seek the counsel of an experienced family law attorney to help you through the process and ensure that your rights are protected. The Wilson Law Firm, A Professional Corporation has been helping people through divorce proceedings for over 40 years.
This is the first of four installments about how divorce proceedings work in California. The information shared in these blogs should not be construed as legal advice, but if you are contemplating divorce, it should provide you with a roadmap.
Initiating Divorce
The first thing to keep in mind is that California is a “no-fault” divorce state. This means that the party who files for divorce does not have to prove that the other party did anything wrong (e.g. committed adultery, abandoned them, etc.). The party filing for divorce can simply state that “irreconcilable differences” exist. Irreconcilable differences exist when one party indicates that the party can no longer get along with the other party and does not want to be married any longer.
A divorce proceeding is initiated when one of the two parties files a Petition for Dissolution of Marriage with the Superior Court in the county in which they reside. According to California Family Code §2320(a), you must be a resident of the state of California for at least six months, and a resident of the county where the dissolution of marriage papers were filed for at least 3 months before a divorce can be granted. If you do not meet the residency requirements, you may want to discuss with your attorney the option of filing for a legal separation prior to seeking a divorce.
If you are going through a divorce or contemplating doing so, please contact The Wilson Law Firm, A Professional Corporation, today for an initial consultation.