How California Divorce Law Works
If youíve just moved to the state of California and looking for a divorce, then according to the California divorce law you or your spouse must have been resident in the area for at least 6 months to apply. Otherwise you will be stopped at the first hurdle.
However in the meantime, you may be able to apply for a Marital Separation Agreement. Even if youíre eligible to apply for a divorce and havenít yet applied for a Marital Separation Agreement you may want to think about it, in particular if you have property, joint debts, or children.
So what is a Marital Separation Agreement? Well, basically it is a written agreement between the two parties concerned which agrees the details about the ending of your marriage relationship. From this point of view, since everything is set out on paper it is less likely for misunderstandings to occur. In addition, according to California divorce law, it can be provided as extra evidence to the court that your relationship ended on a particular date.
Of course when filing for divorce, under California divorce law as with other states, you need to cite the reason why you want to end your marriage relationship. The California divorce law recognizes two main reasons for this. The first reason for filing for divorce is incurable insanity and the second reason is irreconcilable differences.
In the first case of incurable insanity you need to have medical proof and testimonials of this being true. However you need to bear in mind that it is still within the courtís power to order you to support your spouse. And by law, you are obliged to continue to do this even if your divorce petition is granted.
As for the second reason of irreconcilable differences, under California divorce law if the court does not ascertain that there are reasonable grounds, then your petition for divorce will be rejected.
Whether or not you decide to use a lawyer for the divorce petition is, naturally, a personal decision. Though hiring a lawyer, even though it can be expensive, can have its benefits of a faster and more painless resolution to the situation.
As a last note, though the information here is up to date at the time of writing, please bear in mind that California divorce law as is the case for all other laws, does change. As such it is always best to recheck the situation if you are thinking of filing for divorce, to ensure you have the latest, most accurate information.