Here in California, we have a concept known as the “no-fault divorce.” This idea insinuates that neither spouse has any incriminating evidence or misconduct to discuss or go through.
Here are some FAQs regarding these types of basic divorces.
What are the grounds in order to get a divorce?
With the “no-fault divorce” concept, there doesn’t necessarily doesn’t need to be a large reason to get a divorce. Here in California, a dissolution of the marriage can be ordered if the court discovers that there is an irreparable difference or break in the marriage. Even if one spouse wants to stay together, the marriage can still be ended.
Are there residency requirements I need to follow to get a dissolution of marriage?
In California, yes there is. At least one spouse has to have lived in the state for at least 6 months before the divorce petition can be filed. You also have to live within the county you are filing you papers in for at least 3 months before filing.
After the dissolution case has been filed, how long will it take to before the divorce petition is completed?
After the petition has been filed and served, there will be a period of at least 6 months that you will have to wait in order for the divorce to be finalized.
How do I get a divorce in California?
If you are someone how hasn’t yet been married, you have been married for less than 5 years, you don’t have any child and do not own real estate, it is much easier to qualify for a summary dissolution.
In this situation, both you and your spouse can create an agreement as to how things are split and you are likely to not need to appear before the court. You still need to wait 6 months in order for the divorce to be finalized, you get to skip some of the procedures and appearances.
If you can’t get a summary dissolution, get a summary dissolution. In this situation, the person filing the petition will have to have it filled and served on the other spouse. This respondent will have 30 days to respond to the petition. One spouse can request temporary court orders by filing an Order to Show Cause hearing.
At this particular hearing, the judge will also let you know what the child support is, the alimony, and if any restraining orders are necessary.
After this, each spouse engages in “history,” which is a process that needs an exchange of information and documents relevant to your case. One of the required aspects of discovery is being prepared for the Preliminary of Declaration and Disclosure. This is a court form where each spouse lists their community and separate property.
Once the discovery is complete, the spouses and the attorneys hired can discuss how the case will be settled. The case can be solved though an agreement and followed to their letter, as signed by the spouses and the attorneys themselves. If they are not able to agree on the issues, a trial will be called.
The two parties get together to sign the agreement and there will be a Judgement of Dissolution. This document will cover all of the court’s orders.
What else do I need to know?
When you are considering getting a divorce, it can get messy quickly when dealing with so many different topics and subgroups. If you are considering a divorce, please call us and see what we can do for your case.
We here at Majd Law Firm are dedicated to ensuring that you get all of the assets and money that you deserve and that you understand how everything will be divided up. Call us today for a 30 minutes free consultation directly with Farbood Majd Esq. about your individual concerns.
Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)
8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211
310.956.4600 | Fax: 310.878.8989 | Fmajd@FmajdLaw.com