Frequently Asked Questions:  California Divorce

 
What are the grounds for a California divorce?
There are two grounds for divorce in California: (1) irreconcilable differences and (2) incurable insanity. "Irreconcilable differences" means that you and your spouse can't make your marriage work any longer. Although "incurable insanity" is another ground for divorce, it is rarely used.
 

Are there any requirements to meet in order to get a California divorce?
In order to get a California divorce, either you or your spouse must have lived in California six (6) months prior to filing the Petition for Dissolution of Marriage, which is the formal name for the divorce action.
 

How long does it take to get a California divorce?
It takes six (6) months at the very least after your spouse has been served with the Petition for Dissolution before a court can enter a Judgment of Dissolution
 

If my spouse and I have children, what happens to the children?
Typically, one parent gets physical custody of the children- where the children actual live.
 

Who decides who gets custody of the children?
Initially, you and your spouse will get a chance to decide who will get custody of the children. If, however, you and your spouse can't agree on who gets custody of the children, the court will decide based on "the best interest of the child."
 

If my spouse has custody of the children, do I have the right to visit them?
Yes. In California each parent has the right to a "sustained and continuing" relationship with their children.
 

If I have custody of the children, can I get child support for my children?
Yes. Your spouse is required to pay child support for "children of the marriage." However, the amount of child support is based on your income as well as your spouse's income. The amount of time your spouse spends with the children will also determine the amount of child support awarded to you.
 

How is our property divided?
Community property in California is divided 50%-50%. Each person is entitled to one-half of all community property.
 

Can I get support for myself?
Yes. However, the amount of support- "spousal support," depends on your need as well as your spouse's ability to pay. In addition, the length of time you can receive support depends on the length and circumstances of the marriage.
 

How do I file for divorce?
First, a number of papers, including a Petition for Dissolution of Marriage, must be filed in the clerk's office of the proper court. In the Petition for Dissolution, you must state information about the length of the marriage, whether there are children, and the type of relief you want from the court. For example, whether there is community property to be divided, what type of custody arrangement you want if there are children, and whether you want spousal support.
 

What happens after I file for divorce?
After you file for divorce, you must personally serve your spouse with a Summons and the Petition for Dissolution. Your spouse will have thirty (30) days to file a Response to the Petition indicating any areas of disagreement which the court must resolve.