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California Divorce Law: Differences From Other States

california divorce law

Divorce law in California is a little bit different than in other states. Each state has its ins-and-outs, so, for example, if you’re getting a divorce in La Jolla, California, you should get in contact with local  La Jolla divorce attorneys to get the best possible advice. La Jolla divorce lawyers are familiar with the nuances in family law in California. They can guide you through the process efficiently to achieve the best results for you.

Jurisdiction

Several requirements need to be addressed per California divorce laws. One spouse must have been a permanent resident in the state for at least six months.  You also must file for divorce in the county where you have been living for at least three months.

“No-Fault” Divorce

divorce law in CaliforniaCalifornia was the first state to incorporate the “no-fault divorce.”  This means that you can ask for a divorce if you feel the marriage is not working anymore, without requiring a period of separation or without having to prove that the other spouse is at fault.    This enables one of the parties to ask for a divorce, even if the other party does not want one or is aware that it is happening. Both parties do not need to agree for the divorce to take place, however. The process usually takes at least six months from the date of service of the Petition for Dissolution to become official. 

Community Property 

There are only nine states that have community property laws, and California is one of them. Community property states that any asset or debt acquired during the marriage is owned equally, including the money earned during the entirety of the marriage until the date of separation. That is unless the money is from an inheritance or a gift since those would be considered separate property. The amount of time the parties have been married does not affect the splitting of the assets and debts acquired during the marriage. To find out all the requirements, get in touch with a La Jolla divorce attorney that will guide you through the entire process. 

La Jolla divorce lawyersCalifornia Summary Dissolution

Summary dissolution is an easier way to end a marriage. To be eligible for summary dissolution in the State of California, there are several requirements to be met. You must have been married for less than five years and have no children together. You must agree on the property division and have less than $40,000 in assets and less than $6,000 of community property debt. 

Yelman & Associates: The Experienced La Jolla Divorce Attorneys

As you can see, California’s divorce laws are quite complex. But a qualified La Jolla Divorce attorney can simplify the process and ensure a better understanding of what’s to take place. At Yelman and Associates, our California board-certified family law specialists will be able to guide you and help you to secure a positive outcome in your divorce case. We are here to provide you with options to make the divorce process less complicated, less stressful, and most importantly, more empowering.   For a complimentary consultation with a La Jolla divorce lawyer, call us today at (619) 282-1107 or complete our online contact form.

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