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Q&A: Divorce in California

Group of people having questions.

When considering a divorce, there are probably a lot of questions you would like to have answered. However, since our culture typically views divorce as an adverse event, asking questions may feel like a challenging task to complete. Yet, you must be aware of the many facets of divorce before making your final decision on if you should proceed with one.

We here at Law Office of Tiffany L. Andrews, P.C. understand that a divorce is a life-changing decision, but we want you to feel confident in your choice. We have the answers to the common questions posed about divorce. Keep reading to get all of the answers that you deserve.

Q: Do I need an attorney for divorce?

A: The quick answer is no, but there is value in hiring an attorney.

In all reality, most of the divorce process is just filing the proper paperwork. While it is helpful to have an attorney assist with this process, you can also hire a registered legal document assistant instead. These individuals are hired for much less than attorneys. While many individuals might feel that they can navigate their divorce without going to trial, this is not true for everyone.

This is where an experienced divorce attorney comes into play. Not only can they help you file paperwork, but they can also negotiate other aspects of your divorce. For example, property division and child custody are complex processes often expedited with the assistance of a legal professional.

So to reiterate, you do not have to have an attorney when filing for divorce. However, they can be a massive help in the process. Don’t feel like you have to go through your divorce without someone championing by your side.

Q: What are the grounds for divorce in California?

A: California was the first state to adopt the “no-fault” grounds for divorce.

What this means is that neither individual is penalized for the dissolution of the marriage. Every individual in California has the right to terminate their marriage if desired to do so. If one person in the marriage has the urge to file for divorce and the other does not want to proceed, the courts will still allow the process to occur. In situations where the other spouse does not wish to proceed with a divorce, it is helpful to have an experienced attorney on your side.

Over time, California has provided revisions to this law to reflect changing social movements and rules. For example, the right to terminate a marriage also includes married couples in the LGBT+ community. It is essential to keep in mind the value of having an attorney well-versed in complex social issues such as LGBT+ divorce and separation.

Q: How long does it take to file for divorce in California?

A: Typically, it takes about six months to file and finalize a divorce in California.

It takes six months because the courts mandate a “cooling off” period for both spouses. During this time, the couple can reflect on their decisions and assert whether or not a divorce is a good option. Sometimes, a couple will decide to reconcile their differences and continue their marriage, ending the divorce process.

However, there are specific circumstances that lengthen the divorce timeline. For example, if neither you and your spouse are California residents, you may encounter speed bumps. For residency consideration, you must have lived in the state for at least six months before filing and in the specific county for at least three months.

Q: What else should I know for my divorce in California?

A: Each divorce is unique, but there are specific elements to keep in mind depending on your situation.

While the above questions are universal to most separations, other circumstances can complicate a divorce. For example, if a couple has many marital assets, dividing them appropriately can take negotiation. Furthermore, when children are involved in a divorce, the courts must put them first and consider their needs. These are specific elements that may not apply to every divorce but are essential to consider.

Folsom Divorce Attorneys

If you have questions about the divorce process, don’t hesitate to contact Law Office of Tiffany L. Andrews, P.C. today at (916) 794-4576. We know that divorce is taboo in our society, but we have all the answers to the questions that you have today.