Legal Requirements to File for Divorce in California

Posted by Paolo Rubino

Divorce 101. A series of occasional blogs about divorcing in California.Part Two. Legal requirements to file for divorce in California

We continue with our series of occasional blogs about divorcing in California. Today we tackle the legal requirements to file for divorce in California.

One of the most common questions we are asked regarding our uncontested divorce services in Woodland Hills (typically right after “How much” 😉 is “how long does it take”?

Waiting period: California has a mandatory waiting period from the filing for divorce to the finalization of a divorce. Unless you are willing to fly to Guam, spend a few hours in court in that sunny U.S. territory and be divorced the same day (a whole industry has spanned because of that), such a period is exactly six months and one day. After the waiting period, the divorce is finalized and both parties are free to remarry, even if the most common comment we hear after we tell them is “Oh God, never again”…

The six months and one day waiting period starts to count from the day the respondent is served with the filed petition for divorce.

Residency: The spouse filing for divorce must have resided in the state and county for a certain period, that’s what the residency requirement is all about. It is six months for California, and three months for the County where you live, whether Los Angeles County, Orange County or San Diego County. That’s because the State and County where you live “acquires jurisdiction” over your case. Just because in other jurisdictions, such as Nevada, the law allows shorter waiting times, it doesn’t mean you get to choose the venue for your divorce: if you live in California, you need to divorce in California.

Legal Grounds: California is a no fault State, meaning that a person does not need to prove wrong doings, such as infidelity or violence to file. “Irreconcilable differences” is pretty much the default choice. It simply means there are marital difficulties that cannot be reconciled and have led to the permanent breakdown of the marriage.

The Document People is a network of legal document assistants with a common purpose: helping customers with uncontested divorces. We are looking forward to offering you divorce filing assistance in our offices of The Document People, We the People Woodland Hills, The Document People, We the People Santa Monica, and The Document People of San Fernando, Torrance, Anaheim and Oceanside.

The information contained in this blog – including information of a legal nature – is provided for informational purposes only, and should not be construed as legal advice on any subject matter.