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Sometimes, marriages do not work out the way people would have imagined or hoped. When you were walking down the aisle, it did not seem plausible that one day, you would be divorcing your husband or wife.
But here it comes. You are considering to file for divorce because things did not work out. The decision to get divorced is quite challenging. In fact, your own life and the lives of your children, if you have any, depend on how you get divorced.
That is why it is important to consider which legal options are best for you when getting a divorce in Los Angeles County or elsewhere in California. Luckily, a Los Angeles County divorce attorney, Candace Jones, is here to help you navigate through this tough moment in your life.
Fact: Did you know that about 40 to 50 percent of U.S. married couples divorce?
Divorce with kids can be just as confusing and frustrating as a divorce without children. Read Jones’ free e-books to learn more about how to avoid a disastrous or unfavorable outcome when getting divorced in Los Angeles County.
California Family Code §2300 provides that a divorce restores the spouses to the state of unmarried persons. But getting a divorce is not just about nullifying your marriage and making you single again.
Many things are involved in the process of ending your marriage, including property distribution, child custody, parental rights, child support, alimony, and many more.
When you file for divorce in Los Angeles County, you and your wife/husband will have to negotiate the terms of your split. In most cases, married couples benefit from seeking help from a Los Angeles County divorce lawyer to successfully navigate the legal process of divorce.
California is a no-fault divorce state, which means any arguments or proof of misconduct on the part of your spouse will have no effect on the judge’s decision to grant the divorce.
However, in some instances, proof of misconduct – or, in other words, your spouse’s fault in the demise of your marriage – may be relevant when determining and calculating spousal support.
Since California is a no-fault divorce state, the court will not assign blame for the dissolution of the marriage. That is why a claim by one spouse that the couple has “irreconcilable differences” will suffice to get divorced in California.
California Family Code § 2320 states that one of the spouses must have been a resident of California for at least six months to obtain a divorce in the state successfully. Furthermore, a spouse filing for divorce in Los Angeles County must have been a resident of the county for at least three months.
However, an exception to the residency requirements applies in the case of legal separation, nullity proceedings, and same-sex marriages.
What is the minimum time requirement before a California judge to grant a divorce? According to state law, at least six months. Under California law, no divorce is final unless at least six months (180 days) have passed since the divorce petition was filed and summons were served.
Many things go into divorce proceedings in California, including:
Who gets the custody of the kids;
Whether any amount of child support and spousal support will be paid; and
How marital property and assets will be divided.
Each step in the divorce process takes time, energy, and effort, not to mention that each aspect of divorce has many pitfalls and challenges. If you make a mistake, your divorce could be delayed for months or years. Or, worse, the judge may grant the divorce, but you would have to live with that mistake for years and decades after the divorce is finalized.Divorce attorneys know the law. Furthermore, divorce lawyers know the judge. A Los Angeles County divorce attorney knows how the divorce system works. A skilled lawyer knows how to obtain a divorce the right way without any unnecessary errors or delays in the process.