Are you contemplating divorce? In order to obtain a divorce in California,
first you must meet the sunshine state's "residency requirements."
Under this rule, at least one of the spouses must have been a resident
of California for six months or longer before the
divorce petition can be filed.
So, if you and your spouse just moved here, you'll have to wait it
out until at least six months have passed. Additionally, you must have
lived in the county where you will file be filing the petition for at
least three of those months before filing.
It Takes at Least 'Six' Months to Get Divorced
Once the divorce petition has been filed and it's been served upon
the other spouse, the couple must wait at least six (6) months for the
divorce to be finalized.
If a couple has been married for less than five years, they don't have
any children together, they don't own any real estate and they have
limited assets and debts, they may qualify for a
The summary dissolution is a simpler process where the spouses create an
agreement about how to divide their assets and debts. The divorcing couple
then files the agreement, joint divorce petition and other required forms
with the court.
With a summary dissolution, you still have to wait six months before the
divorce can become final, but you don't have to participate in as
many procedures and court appearances as you would with a regular divorce.
Not all couples qualify for a summary dissolution. If that's the case,
we recommend considering a
collaborative divorce or
divorce mediation, both of which strive to keep the costs of the divorce down while aiming
for reasonable, practical solutions that you can feel good about.
To learn more about our divorce services, contact Claery & Green, LLP!