Get the legal advice and information you need in order to make an informed decision. Do NOT rely on friends or co-workers they will only mislead or confuse you.
Many issues confront persons facing a divorce. Those issues include property rights, financial obligations to creditors, tax ramifications of a divorce, spousal support, and, most importantly, issues related custody of minor children. It is important and wise to educate yourself about these issues before making decisions regarding any of these issues. I strongly encourage people to have at least an initial consultation with an attorney to find out what your rights and obligations are before you make decisions that will affect the rest of your life, as well as the lives of others.
We provide services ranging from simple, uncontested divorces to representation in high-conflict custody and high-asset property division cases.
Here are some basic facts about obtaining a divorce in California:
1. You must be a resident of the state for at least 6 months to file for divorce in California. You must be a resident of a county for at least three months to file in that county. You can get a divorce in California even if you were not married in California.
2. The divorce process begins with one party filing a Summons and Petition for Dissolution of Marriage. The six month waiting period for a divorce starts when the party that filed serves the other party with the Summons and Petition.
3. California is a no-fault divorce state. A spouse can get a divorce even if the other spouse has done nothing wrong. Also, a spouse cannot stop the other spouse from obtaining a divorce.
4. It takes at least six months for married persons in California to dissolve their marriage (get divorced). California Family Code Section 2339. If there are disagreements between the parties about custody, support and/or property division it will take longer to dissolve the marriage. Basically, the more serious the disagreement between the parties the longer it will take to get a divorce (and the more it will cost).
5. The court can issue temporary (also called pendente lite) orders while the divorce is being processed. The court can issue temporary child custody, support orders and attorney fees while the divorce is going on. The court can also issue temporary orders regarding use of the family residence and other assets of the parties pending final resolution of the divorce.