Going through a divorce can be one of the most stressful experiences a person can face, especially if there are heated disputes over issues such as child custody, child support, or property division. That is why having legal representation that is focused on a client’s best interests is so important. At F&R Law Group, our attorneys provide personal attention and dedicated counsel to our clients, helping them find reasonable and effective solutions to their divorce disputes.
Not all divorces are the same. For example, one couple may be able to peacefully dissolve their marriage and agree on all settlement terms such as spousal support, child custody, and property division. In other cases, spouses may be angry, hurt, and in strong disagreement over how matters should be resolved. The process will depend on the details of each client’s individual situation. Our San Jose attorneys are able to guide you through the process regardless of the circumstances.
There are several types of divorce, including:
There is also a residency requirement if you want to file for divorce in California, and Santa Clara County. This means that you or your spouse must live in California for at least six months before filing for divorce. You must also be a resident of Santa Clara County for at least three months to file for divorce through local courts.
The historic way to request a divorce required the spouse filing for divorce to provide a reason for the separation: a fault, such as adultery, abuse, or perhaps their spouse being imprisoned.
It is no longer required in the state of California for either party to provide a reason for divorce, other than having irreconcilable differences and wishing to separate. This is considered a “no-fault divorce”. California doesn’t even consider “faults” when deciding other issues such as property division, child custody, child support, spousal support, etc.
One other reason a spouse can use to file for divorce is “mental incapacity”. However, this is a more complicated way to divorce as it requires a higher burden of proof. It is more common for spouses to file for a “no-fault” divorce.
To an extent, the length of a divorce is up to the couple separating. While it does take an average of six months from the initial petition to the final judgment, the length of the divorce will be extended if the couple does not come to an amicable agreement. If a divorce cannot be resolved in an agreeable manner, then the case may have to go to trial. Minimally, the law does not permit a divorcing couple to be restored to the legal status of single any sooner than six months from the date the Petition is filed.
While divorce is often a complicated process, the basic process in California is as follows: