Filing for divorce and going through the actual process is not easy for most couples. The word divorce has many negative connotations associated with it. It can be hotly contested and full of headaches, especially with regard to child custody, division of property, and child support. However, a divorce can also be a mutually agreed upon separation that benefits both spouses.
Regardless of what type of divorce you are going through or think will be going through, having an experienced Central Valley divorce attorney on your side to navigate the legal system can help facilitate an easier and more fair process.
Grounds for a California Divorce
If you have decided that your marriage has come to an end, you may wonder what grounds are necessary to file for a divorce in California. Divorce in the Golden State is a much simpler process than you may expect. In California, you may file for divorce based on only two possible grounds:
- Irreconcilable differences, which is a catch-all selection that entails any and all possible reasons for filing for a dissolution of your marriage. Basically, you do not need to have any specific reason to file for divorce – simply both of you must agree to end the marriage.
- Incurable insanity, an option that is rarely used because family courts require documented proof that one spouse is insane at the time of the divorce.
How Long Will a Divorce Take?
The amount of time it takes to finalize a divorce depends on various factors. However, the average California divorce takes about 15 months, processing times varying from eight to 20 months. The factors that may impact the length of a divorce include:
- Children. Children significantly impact the dissolution process under California law. Some children-based factors that may either lengthen or shorten a divorce proceeding include:
* The age of the children of the spouses
* Custody arrangements
* Visitation rights
* Child support
- Trials. When the spouses agree on the terms of the divorce and neither opposes the divorce petition, the process is called an “uncontested” divorce. If the parties disagree on certain terms, especially division of assets and children, the case will likely go to trial, delaying the proceedings for months.
- Waiting Period. California law requires the parties to wait for six months after filing before the courts will finalize the divorce. This waiting period is designed to allow the parties to negotiate the details of the divorce.
Call an Experienced Central Valley Divorce Attorney
If you are going through a divorce or are planning to file for divorce in the near future, you need to hire an experienced divorce attorneyfa to help protect your legal rights and make sure this already traumatic experience proceeds as smoothly and painlessly as possible.
For more information or to schedule a complimentary consultation with Central Valley divorce attorney Gurjit Srai, please call us at (209) 323-5558 or (559) 449-1447, or complete our online form.