Get Answers to Your Most Frequently Asked Questions About Divorce
Posted on: December 10, 2018
Divorce can bring up a variety of feelings in different people but most people involved feel confused at some point. The fact of the matter is that even the simplest divorces can be more complex then they seem on the surface. At Law Office of Michael L. Fell we are always here to help you through this process. Just call us at (949) 585-9055 to set up your consultation. In the meantime, keep reading to get answers to some of your most commonly asked questions.
What are the required grounds for divorce?
Though there are now others, California was the first state in the United States to embrace a no-fault divorce concept. In this state, neither side needs to prove cause. All that needs to happen is that one spouse wants to get divorced. While it can take longer if the other spouse does not agree to the divorce, the law is clear that anyone who wants to divorce can.
What are the residency requirements for California divorce?
Anyone who wants to get divorced in California either needs to have lived in California for six months before filing for divorce, or their spouse needs to have lived here for six months. Additionally, at least one of the spouse must have lived in the county in which the divorce petition was filed for a minimum of three months.
How long does a divorce take?
The soonest the divorce can be over is six months. Depending on how complex the divorce is, whether or not it needs to be litigated, and the court’s schedule can all prolong the process.
What is a summary dissolution and do we qualify?
If you married your spouse less than five years ago, do not have children, do not own real estate, and have only limited property and / or debts, then you may qualify for what’s known as a summary dissolution. It is a simplified process that usually does not require appearing before a judge. In it, you and your spouse agree to how you will divide property and debts, file that agreement with the required forms, and wait six months for the divorce to be final.
What is the process of filing for divorce?
For those who do not qualify for summary dissolutions, the process usually goes something like this: A spouse files the divorce petition and it is served to the other spouse. That spouse has 30 days to respond to the divorce petition. An Order to Show Cause hearing is often requested, at which a judge creates temporary agreements for child custody, child support, alimony, and restraining orders.
The attorneys of both spouses then request information from the other and agreements are negotiated. If an agreement can be made, said agreement is taken before a judge who will sign off or change it. If an agreement cannot be made, then the case is heard before a judge who will make final decisions about property division, support issues, and all other divorce issues.
