There are a lot of resources out there that talk about the divorce process and how to successfully navigate it. Yet, many of them are broad in nature, which can give you a false perception of what a California divorce will look like. That’s why this week on the blog we want to look at some of the more unique aspects to divorce in our state that you need to be aware of as you head into your marriage dissolution.
If you don’t know how California law applies to your set of circumstances, then you’ll be at a disadvantage as you navigate your divorce, and the uncertainty of it all can leave you riddled with stress. We hope that you don’t have to face either of those realities. That’s why we wanted to highlight some interesting and unique aspects of California divorces, such as the following:
- California’s waiting period: Even if you’re convinced that divorce is right for you, the process can’t be immediately wrapped up. Under California law there’s a six-month waiting period. This means that once the divorce petition is filed, an entire six-months must pass before the marriage dissolution can be finalized. During this time, you and your spouse can try to negotiate resolution on key divorce legal issues like property division, child custody, and spousal support.
- California is a no-fault state: Unlike some states, California doesn’t require you to prove that your spouse did something wrong to proceed with divorce. You can file for divorce if you simply want to dissolve your marriage. When this is the case, it’s easiest to cite irreconcilable differences when filing your divorce petition.
- Residency requirements: Before you file for divorce, you have to demonstrate that you meet residency requirements. This means that you or your spouse have lived in the state for at least the last six months, and you must’ve resided in the county where you’re filing for at least the last three months. However, legal separation can be sought as soon as you or your spouse moves to California.
- California recognizes community property: As we discussed previously on the blog, California is a community property state, meaning that marital assets are distributed equally, unlike in an equitable distribution state where marital assets are divided fairly but not necessarily equally. This presents unique challenges when it comes to negotiating and litigating property division.
There are other nuances that are specific to California, touching on issues from financial disclosure to spousal support and child custody. You need to competently navigate these issues if you want to protect your interests and your future. So, before heading into your divorce, be sure to understand what the process entails and where you need to focus your efforts.
Are you ready to develop your divorce strategy?
Far too many Californians go into their divorce without a plan. This is dangerous. It could result in you losing out on several aspects of your divorce, which might leave you at a financial disadvantage when all is said and done.
Don’t let that happen to you. Instead, take the time needed to craft a compelling divorce strategy that seeks to protect you and your children. If you don’t know where to start in doing that, don’t worry. You can browse our website and reach out to those you trust to learn more about the process and what you can do to position yourself for success.