DIVORCE IN CALIFORNIA
California Divorce Laws:
What You Need to Know

‍

Divorce, as with marriage, is a union that can only exist between two specific people. Once you divorce, those people are no longer married and cannot ever get back together again. To end a marriage in California, you’ll need to go through the process of getting divorced. You may be nervous about the legal implications of getting divorced, but it doesn’t have to be complicated or scary. The laws of your state make getting divorced significantly easier than it may have been even a few decades ago. Divorce laws vary from state to state. If you want to get divorced in California, you must meet certain criteria before being granted a divorce. Keep reading to learn more about California divorce laws and how they may affect your proceedings if you choose to file for divorce there.

How to Get Divorced in California

California is one of the easiest states to get a divorce in. The process will be a lot less complicated than it is in most states, because California has a no-fault divorce system. All you’ll need is one year of living separate and apart before you can start the divorce process. If you want to expedite the process, you can file a joint petition for dissolution of marriage instead of two individual filings. You’ll save yourself a lot of time and effort by doing this, but you’ll need an experienced family law attorney to guide you through the process. Remember that California is a community property state, which means that all assets and debts are split 50/50 between spouses. You’ll need to make sure that your divorce documents reflect this, especially if you have children or a trust that you’re managing.

When Can You Begin a California Divorce?

As with most other states, California allows for no-fault divorces in which either partner can cite irreconcilable differences as reason for the divorce. You and your spouse must have been living apart for at least a year before you can file a joint petition for divorce. In some situations, you may be able to file for an “immediate” divorce. This happens in situations such as if you are in the military and are being deployed or transferred out of state, if your spouse has a mental or physical incapacity that prevents them from signing the divorce agreement, or if your spouse has deserted you.

The Legal Basis for CA Divorce

A California divorce is based on the idea that the marriage is no longer viable. This can happen for many reasons and does not have to be based on wrongdoing on anyone’s part. For example, California divorce laws may allow for a divorce if the couple has “irreconcilable differences” that make staying married impossible. Or, if one partner has been convicted of a violent crime and is in prison for a long time, that also counts as grounds for divorce.

Which Partners Can Get a Divorce in CA?

Both partners must be 18 years or older and have been married for at least one year. If you were married as minors and have not yet reached the age of majority, you have to wait until you turn 19 or you will be considered underage. A minor has to wait until they turn 18 to file for divorce. If one spouse is in the military, he or she may be able to file for divorce before one year has passed.

How to Prove Irreconcilable Differences in CA

You will be asked to list out the reasons why you are getting divorced. The more specific and detailed you can be, the better. Divorce laws in California make it pretty easy to cite irreconcilable differences, but you will have to show a judge that the breakup has been “irreversible.” You can do this by showing that your spouse’s behavior has not changed in a way that allows you to stay married. For example, if your spouse has been abusive toward you and your children, this counts as an irreconcilable difference. You can also cite irreconcilable differences if your spouse is addicted to drugs or alcohol.

Adultery as Grounds for a California Divorce

If one or both of you have cheated on each other, you can use adultery as a grounds for divorce. To do this, you’ll need to prove that your spouse had sexual intercourse with someone else. If you only have suspicions, it may be better to file on the grounds of irreconcilable differences, as it’s harder to prove adultery than it is to prove that you and your spouse have irreconcilable differences.

Confirming and Tracking Your Property Division

California divorce laws make it easy for both spouses to keep track of their assets and debts. You will be required to make an “adequate and full disclosure” of your assets and debts along with your spouse. The courts will then make sure that both spouses’ interests are protected. If you’re filing for a no-fault divorce, you can also take advantage of simplified property division. This means that the court will make an equitable division of your assets as part of the divorce.

Conclusion

Divorce can be frustrating and emotionally taxing, but it doesn’t have to be complicated. If you want to divorce in California, you’ll need to make sure that you meet the criteria for divorce and know what you’re entitled to under California divorce laws. When you know what you’re entitled to, it’ll be easier to protect your interests and make sure that you get as close to an equitable settlement as you can.