Divorce decree and wooden gavel on black background

What Do I Have to Prove in Order to Get Divorced?

California is a no-fault divorce state, which means that you don’t have to prove anything in order to get divorced. You don’t have to give a reason for your divorce or justify it to the court in any way. If you want to get divorced in the state of California, you can do so, so long as you meet the residency requirements for getting divorced in California. You simply must express your desire to get divorced by stating that you and your spouse have “irreconcilable differences.” To start the divorce process, you must complete the appropriate paperwork and file it with the court. After the mandatory six-month waiting period, you are entitled to get divorced with no questions asked, and you can remarry another person as you choose.

As noted above, California law does require that either you or your spouse live in the state of California for six months and in the county in which you plan to file for divorce for three months. In other words, you must be physically present in the state and county and intend to remain living in the state for the required time periods. Beyond the residency requirement and the six-month waiting period, which applies to all divorces, there are no other requirements to get divorced in the state. Furthermore, even if you don’t meet the residency requirement, you still can file for legal separation and get the necessary court orders in the meantime. Once you meet the residency requirement, you can then convert your legal separation to a divorce case, and proceed toward finalizing your divorce.

At the Law Offices of Vincent W. Davis & Associates, we truly understand how difficult and stressful it can be to make the decision to file for divorce, particularly when you have minor children with your spouse. Facing the crucial decisions that you must make during your divorce proceedings makes it even more essential that you seek out the advice and guidance of experienced counsel. Contact our office today, schedule a consultation with an experienced California divorce attorney, and learn how we can assist you with your case.