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 summary dissolution.
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 & Hammond, LLP!