Spouses usually spend weeks contemplating the idea of divorce before they make a major move. Once someone decides that the only solution for an unhappy or unhealthy marriage is divorce, they likely hope to proceed with the divorce says quickly and efficiently as possible.
Individuals who prepare ahead of time by gathering documentation and learning about the process are less likely to endure preventable delays. There are a number of requirements that spouses must meet if they hope to file for divorce in California.
A residence in California
Residency determines jurisdiction for the courts. People typically need to have lived in California for at least six months overall. They also need to maintain a residence in the county where they intend to file for at least 3 months before filing the initial paperwork.
Appropriate documents and money
There are multiple specific forms that people must file with the courts to initiate the divorce process. Factors such as whether there are shared children influence what documents someone must file. They generally need to have multiple copies of those documents. They file one copy with the courts, retain a copy for themselves and send a copy as part of the legal service advising their spouse of the upcoming divorce proceedings. The spouse filing for divorce also has to pay a fee between $435 and $450.
Plans for proper service
Legal service with court documents is a critical component of any successful divorce. The person seeking to end the marriage has to provide basic paperwork to their spouse. They need proof that their spouse received those documents for them to move forward with the divorce process. The lawyer representing the person who files often helps facilitate service, possibly by hiring a process server. There are alternate service methods available in cases where an individual intentionally tries to avoid legal service.
An understanding of state law
One of the final requirements for a successful California divorce is an understanding of the state law. From the basics of the California community property statute to the local approach to custody matters, there’s a lot of information that someone needs to understand as they begin the divorce process. The knowledge of how the courts handle these cases can help people set realistic goals and more effectively navigate their divorce proceedings.
Learning about the basic requirements for a California divorce filing can help people prepare for what can be a difficult process. With the right information and support, divorce can lead to a healthier, happier future for someone trapped in a dysfunctional marriage.