California Divorce Laws – An Overview

Deciding to end a marriage is easily one of the most challenging decisions a person can make. Navigating the legalities associated with the divorce process can be a daunting undertaking for any person who does not have a legal background. Like all family law cases, the legal process for divorce can become complex and messy, especially when it is not handled properly. If you are facing divorce, hiring an experienced attorney can help you avoid mistakes that can inevitably happen when a person chooses to represent him or herself in court. The skilled family law attorneys at RM Law Group can help.

RM Law Group, LLP has successfully represented divorcing clients throughout Southern California, ensuring their rights and interests are protected. No matter what stage of the divorce process you are in, RM Law Group, LLP can help you reach a favorable resolution. Consider contacting the firm today at (888) 765-2902 to schedule a no-obligation case consultation. We have offices in Ontario, Rancho Cucamonga, Cerritos and Los Angeles to serve clients throughout Southern California.

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What is a "No-Fault" Divorce in California?

Divorce is not a decision for perfect marriages. A vast majority of spouses file for divorce because they feel wronged by the other spouse. The State of California, however, is considered a “no-fault” state. Under the California Family Code §2311, a person can file for divorce at any point in his or her marriage for no reason other than “irreconcilable differences”. Based on this law, property division in divorce cases will not be influenced by the actions or behavior of either party, although other components of the divorce like child custody rights can be.

Under California Family Code §2335, any evidence of misconduct or wrongdoings by either party during the marital union will be considered irrelevant by the court; therefore, the evidence will be admissible in case proceedings.

Divorce Case Requirements

Based on Family Code §2320, in order for a judge to enter a judgment to terminate the marriage, one of the parties must have lived in the state for a minimum of six months before filing for the divorce. In addition, the petitioning spouse is also required to file the divorce case in his or her county of residence. This party must have resided in that county for a minimum of three months preceding the divorce petition. In the event that the petitioning party has not met the aforementioned requirements, the court will likely dismiss the divorce case.

When the divorce petition has officially been filed, the law in California dictates that the petitioning party will need to wait a minimum of six months from when the other spouse was served with the divorce papers before the case can be finalized. If the petitioning party does not meet his or her residency requirements, there is an opportunity to file for a legal separation. This can be amended at a later time and the party can petition once again for divorce.

Get Legal Assistance From a Skilled Divorce Lawyer

The decision to seek a divorce can be difficult. Unfortunately, there are several legal challenges that may arise in the process of divorce, and this can make it challenging to achieve a certain outcome. If you are going through a divorce, obtaining the support of a skilled divorce lawyer can help you make informed decisions that protect your rights and interests throughout the legal process.

No matter what stage you are in, obtaining the support of RM Law Group, LLP can help you avoid mistakes in your divorce that may affect you for years to come. The divorce process is complex, and it can be daunting to face alone. With the support of RM Law Group, LLP, the process can be streamlined in a manner that can help you make the decisions that will protect your interests. Consider contacting RM Law Group, LLP today for a free case consultation. Call (888) 765-2902 or complete the confidential online contact form here.

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RM Law Group is a family law firm focusing on helping clients with legal matters involving divorce, spousal support, child custody, paternity, prenups & postnups and related matters throughout the Inland Empire and Los Angeles. Abogado Recinos hablamos Español.