Going through a divorce is 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 will be able to guide you through the proper process.
There is also a residency requirement if you want to file for divorce in California. 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.
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The traditional way to petition for divorce required the spouse filing for divorce to provide a reason for the divorce, a fault, such as adultery, abuse, or perhaps their spouse being imprisoned.
It is no longer required in the state of California for the petitioner to provide a reason for divorce, other than the couple having irreconcilable differences and wishing to separate. This is considered a “no-fault divorce”. California doesn’t even consider “faults” when deciding other matters related to the divorce 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 since it requires a higher burden of proof. It is more common for spouses to file for a “no-fault” divorce since it is typically a smoother process.
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 on items such as child custody, child support, and property division. If a divorce cannot be resolved in an agreeable manner, then the case may have to go to trial.
While divorce is often a complicated process, the basic process in California is as follows:
Contact our firm to learn more about the process and your particular situation.
At F&R Law Group, we have made a commitment to represent our clients with efficiency and diligence. We provide our clients individualized attention and counsel, something that larger firms often don't offer. Our San Jose Attorney cares about our local community and works with community organizations to help meet the needs of residents in San Jose and surrounding areas.