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Dissolution of Marriage Lawyer San Diego - Divorce Lawyer, Family Law Attorney, and Mediation Services
Q. What are the
grounds for filing for a divorce in California
California is a "no-fault" state with respect to dissolving a
marriage. The bases for dissolving a marriage are irreconcilable
differences or incurable insanity. Fault -- like adultery,
desertion, mental cruelty, and other grounds -- is no longer
required in order to obtain a divorce.
Q. What procedure is required to dissolve a marriage?
Before filing for dissolution of marriage in California, one of
the parties must live within California for six months.
Additionally, one of the parties must live within the county
where the dissolution is filed for three months. A party is
required to file a Summons and Petition for Dissolution. These
documents must be filed with the court and personally served on
the other party. A Summons is a document issued by the court
that informs your spouse a dissolution action has been filed and
they are being sued for divorce. A Petition discloses
information regarding your marriage like the date of marriage,
date of separation, assets, obligations, children of the
marriage, the grounds for divorce, and other information that
may be applicable to your particular case. After your spouse is
served with these documents, that party must file a Response
with the court within thirty days of being served.
Q. How long does it take to get a divorce?
Six months after you have served the other party with the
Summons and Petition for Dissolution, you are entitled to
request the court enter a Judgment of Dissolution of Marriage.
The court will not automatically enter a Judgment for
Dissolution. You must file a motion and request it from the
court. A party can request the court grant their dissolution of
marriage after the six-month waiting period even if there are
other issues that remain to be resolved. When a Judgment for
Dissolution is granted by the court, a party is free to remarry.
