Getting divorced in California is relatively straightforward. Your California divorce attorney can guide you through the process and help you make sure you’re able to wrap things up as quickly as possible. While every divorce is unique, most will follow a similar timeline. Here’s what you can expect as you start the process.
The Residency Requirements
To qualify for divorce in California, you’ll need to meet certain eligibility requirements. The state requires that you and your spouse be residents of the state. But that’s not the only requirement you’ll need to meet. There’s also a county requirement. When you file for divorce, you’ll need to do it in the county that you’ve lived in for the last three months or more.
If you haven’t met either residency requirement, you’ll either need to file for divorce in the county or state you lived in previously or wait until you can satisfy the California residency requirements. If you’re new to the state, that means waiting six months or more to file. And if you’re new to the county, that means waiting at least three months after moving to your current town.
The Filing Process
To initiate and file for divorce, you’ll need to fill out certain paperwork. If you’re trying to fill everything out on your own, you can expect the process to take days if not weeks. But when you’re working with an experienced California divorce attorney, the process will take significantly less time. But once you file, your spouse will need to respond to your filing within 30 days.
The Waiting Period
Once you and your spouse have filed all the necessary paperwork, you’ll enter the mandatory waiting period. In California, you need to wait for six months before your divorce can be finalized. The waiting period is designed to help you and your spouse make sure that divorce is the right choice for your situation. If you decide to reconcile before the end of that waiting period, you can easily drop the divorce proceedings and move on with your lives. But if you decide to continue with the divorce, you’ll need to wait through the full six months before you can go to court.
The Judgment
After the six-month waiting period, you’ll need to wait for the court to issue a judgment. The judgment will provide you with a clear direction of how to divide assets, who receives custody or how custody is divided between parents, and any other terms the court deems necessary. The judgment typically happens quickly after the waiting period, and once it does, your divorce will be over after you and your spouse sign the appropriate paperwork. Keep in mind that it’s worth meeting with your California divorce attorney to clarify any terms of the judgment before you sign the paperwork. If anything feels off or you need to contest the decision, your attorney can help you do just that.
Divorce Takes Time
Even when you and your spouse are on the same page, filing for divorce in California can take time. That’s why it’s so important to work with a California divorce attorney you can trust. At Jackman Law, our team is here to help. Contact us to schedule a consultation and let our attorneys take the stress out of filing for divorce in the state.