California Divorce Law
If you've just moved to California, getting a divorce might not be that easy. According to the California divorce law, you or your spouse must be a California resident for 6 months or more to apply for a divorce there.
However, you may be able to apply for a Marital Separation Agreement. If you haven't applied for a Marital Separation Agreement, you may want to think about it even if you're eligible to apply for a divorce, especially if you have property, joint debts, or children.
What is a Marital Separation Agreement? Basically it's a written agreement between the two parties that details the ending of your marriage relationship. It's important to get everything on paper so it is less likely for misunderstandings. In addition, according to California divorce law, it can be used as evidence that your relationship ended on a certain date.
When filing for divorce, under California divorce law, you need to document why you want to end your marriage. The California divorce law identified 2 primary reasons for this. The first reason for filing for divorce is incurable insanity and the second reason is irreconcilable differences.
In the event of incurable insanity you'll need medical evidence of this being true. You need to bear in mind, however, that the court may still order you to support your spouse. By law, you are obligated to do this even if your divorce is approved.
As for irreconcilable differences, under California divorce law if the court does not believe there to be reasonable grounds, then your request for divorce could be rejected.
Using a lawyer for the divorce documentation is, of course, a personal decision. But, even though hiring a lawyer can be expensive, it can have the benefit of a faster and less painful resolution.
On one last note, please bear in mind that California divorce law as with all other laws, does change. It is always best to verify the current legal issues if you are considering filing for divorce, to ensure you have the latest, most accurate information.