Understanding Divorce Laws in California

What is Divorce?

Divorce, also known as dissolution of marriage, is a legal process that ends a marriage. In the state of California, divorce laws are governed by the Family Code and the California Civil Procedure Code. The process typically begins with one spouse filing a petition for dissolution of marriage with the court, which then serves the other spouse with the petition and any supporting documents.

The grounds for divorce in California are limited to 'irreconcilable differences' or 'incurable insanity.' This means that couples do not need to provide specific reasons for their decision to divorce, but rather can simply state that they have irreconcilable differences and cannot continue to live together as spouses.

California Divorce Laws: Residency Requirements and Waiting Periods

To file for divorce in California, one spouse must have been a resident of the state for at least six months before filing. This residency requirement is intended to ensure that couples are committed to staying in the state and resolving their issues through the court system rather than fleeing to another jurisdiction.

California also has a mandatory waiting period of six months after the petition is filed, during which time the couple must attempt to resolve any outstanding issues through mediation or counseling. This waiting period is intended to give couples an opportunity to reflect on their decision and consider reconciliation.

What are the Divorce Options Available in California?

In California, there are several options available for couples seeking to end their marriage. These include a no-fault divorce, which is based on irreconcilable differences and does not require either spouse to prove fault or wrongdoing by the other.

Couples may also choose to file for legal separation, which can be a temporary solution while they work through issues or resolve outstanding debts. However, it's important to note that legal separation does not provide the same rights as divorce.