Divorce

In California you can only file for divorce based on “Irreconcilable Differences.” California is a “No Fault” state, which means neither party has to prove why the marriage is being dissolved.


California is a “Community Property State”, wherein any assets and/or debts acquired during the “term of the marriage,” which is defined as from the date of marriage to the date of separation, is community property/debt.


Learn more below

Contact Us

To file in California one of the parties has to have been a resident of California for at least six months and to have lived in the County in which they are filing for at least three months. If there are children involved, the Divorce has to be filed in the county in which the children reside.


There are four types of divorces in California.


  • Default: The respondent fails to respond to the divorce papers. In these situations, a court will generally grant the requests made by the petitioning spouse in the original divorce summons and petition.


  • Default With Agreement: A default with agreement occurs when the Respondent doesn’t answer the divorce papers because a pre-negotiated agreement has been reached between the parties. The parties have already determined how the terms of their divorce will be resolved before the divorce process begins or during the process. In these situations, the spouses have agreed on how their assets and debts will be divided, at which time a formal Stipulation, (agreement) will be signed by both parties.


  • Uncontested Divorce: The Respondent files an answer to the divorce papers, but does not contest or disagree with any of the terms proposed by the other spouse.


  • Contested Divorce: The Respondent files an answer to the divorce papers and disagrees with at least one of the proposed terms. Even if the spouses agree on all other aspects of the divorce, the process will be contested if there is at least one dispute.


The divorce process will take a minimum of 6 months, regardless of the type of divorce that’s involved. A judge will not even consider signing a Petition for Dissolution until 6 months after the divorce papers were served because California has a six month waiting period.. 


Contact ELITE LEGAL for a free quote for your Divorce and/or family law matter.

“Common sense often makes good law”

(William O. Douglas)

Share by: