In order to get divorced in California, there are several requirements and procedures that must be followed. First, at least one of the parties to the marriage must have been a resident of California for at least 6 months before the date of filing. At least one of the parties must also be a resident of the county in which a proceeding is filed for at least 3 months prior to filing the petition for divorce.
California is a no-fault divorce state, meaning a spouse does not have to allege fault on the part of the other spouse in order to get a divorce. Since a California divorce does not require a showing of fault, most couples simply allege that irreconcilable differences have caused the marriage to break down.
Another valid basis for requesting a divorce in California is incurable insanity. A plaintiff must demonstrate sufficient proof, including competent medical and psychiatric testimony that the respondent spouse was and is incurably insane. Dissolving a marriage on grounds of incurable insanity does not relieve the spouse of any obligation imposed by law as a result of the marriage regarding the insane spouse, so it is possible a court could issue an order for spousal support for the insane spouse.
At the
Law Offices of Judy L. Burger, we will aggressively pursue the best outcome possible for you in your divorce or custody proceedings.
Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our
confidential inquiry form.
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