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Common questions
There is a mandatory six-month waiting period in California. The six months start from the date the respondent is served with the divorce papers. Even if you and your spouse agree on everything immediately, your divorce cannot be finalized until this period has passed.
No, you are not required to have a lawyer to get divorced in California. Many people handle their own divorces, especially if they are uncontested. The California Courts provide self-help resources and forms. However, consulting a lawyer is recommended for complex cases involving significant assets, debts, or child custody disputes.
Yes, California is a strictly no-fault divorce state. This means you do not need to prove that your spouse did something wrong (like adultery or cruelty) to get a divorce. You only need to state that there are 'irreconcilable differences' that have caused the irremediable breakdown of the marriage.
California is a community property state. This generally means that all property and debt acquired during the marriage are considered equally owned by both spouses and will be divided 50/50 upon divorce. Property acquired before the marriage or by gift/inheritance is usually considered separate property.
A Summary Dissolution is a simpler, faster way to get divorced in California for couples who meet specific criteria. To qualify, you must have been married for less than five years, have no children together, own no real estate, have limited debts and assets, and agree on how to divide your property. It involves less paperwork and court appearances.
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