Divorce Attorneys in Simi Valley, CA

In California, How Long Does it Take to Get Divorced?

In California, your divorce is not final until six months have passed since you formally delivered ("served") your divorce papers to your spouse. (Cal. Fam. Code § 2339 (2022).)

It depends on the circumstances of your case how long your divorce will take. In a contested divorce, you'll have to go through a number of legal steps that can extend the process by several months. If your spouse and you aren't able to reach a settlement agreement at some point (more below), you'll have to go to trial, which usually takes more than a year. The entire process can also be slowed down by court backlogs.

Am I Eligible to File for Divorce in CA?

If you or your spouse resides in the state of California, then you may file for divorce there. In order to be eligible for filing for a divorce in California, both parties must meet certain requirements, such as residency and an acceptable reason (also known as "grounds") for the dissolution of marriage. Knowing these necessary qualifications will help you decide whether or not to pursue a divorce in California.

Residency Requirements in CA

In order to file for divorce, either you or your spouse must have resided in the state for at least six months and in the county where you file for at least three months. Different residency concessions exist for  same-sex couples based on where the marriage occurred and in what state the couple currently live.

Is CA a Fault-Based or No-Fault Divorce State?

California is a no-fault state meaning that the grounds for divorce do not require any proof of misconduct or fault on either side; instead, only that the marriage is irretrievably broken by irreconcilable differences holds true. Either spouse can decide to end the marriage without the agreement of the other spouse. Your spouse cannot stop the process by refusing to participate. Non-participation will lead to a “default” in which you will obtain a divorce decree without the involvement of your spouse.

Grounds for Divorce in California

Obtaining a divorce in California can be both a complicated and emotionally taxing process. It is important to know, however, that there are particular grounds in order to qualify for a divorce in the state. Generally speaking, these grounds include (but are not limited to) irreconcilable differences, incurable insanity, and adultery. If couples agree on the ground of irreconcilable differences, they must be living separate and apart for six months in order to get the divorce written up by a lawyer or court. In cases of incurable insanity, it must be proven that one spouse has been medically certified as insane over five years before filing in court. Adultery must also be proven as having taken place in order for it to become a legitimate ground for divorce. It is essential to remember that all divorces are unique and what may apply to one individual may not apply to another; therefore consulting with an experienced Simi Valley divorce attorney is highly advised when navigating this difficult process.

Simplified Divorce in CA

California also offers a Simplified Divorce, referred to as Summary Dissolution. These are only available to those who qualify. Eligibility factors include having been married for less five years, not having children, restrictions on joint debt, community property, and more. 

Financial Disclosures

The divorce process involves an exchange of financial disclosures to ensure fair and sufficient child support and spousal support and to achieve a proper division of community and quasi-community property and debt. 

Protect Your Rights and Interests During Divorce

Divorce can be a complex and emotionally challenging process. It's important to have a knowledgeable and experienced divorce attorney on your side to protect your rights and interests throughout the proceedings. At Sua Law Group, our team of divorce attorneys in Ventura, CA, is dedicated to providing reliable legal representation and guidance to clients going through divorce.

Here are some reasons why hiring a divorce attorney is crucial:

• Expertise in family law: Our attorneys specialize in family law and have a deep understanding of the legal complexities involved in divorce cases.
• Objective advice: A divorce attorney can provide you with objective advice and help you make informed decisions during negotiations and settlement discussions.
• Legal documentation: We will ensure that all the necessary paperwork is properly prepared and filed, minimizing the risk of errors or omissions that could delay the divorce process.
• Protection of rights: Our attorneys will advocate for your rights and interests, especially when it comes to child custody, spousal support, and division of assets.
• Mediation and negotiation: We can represent you during mediation or negotiation sessions to help you reach a fair and favorable settlement agreement.
• Court representation: If your divorce case goes to court, our attorneys will provide strong and effective representation to present your case and protect your interests before the judge.

Don't navigate the divorce process alone. Contact Sua Law Group today to schedule a consultation with one of our experienced divorce attorneys in Ventura, CA.