5 Surprising Facts About Divorce You Should Know

Tuesday, October 16th, 2018
Categories: Blog, Filing for Divorce

Before you file for a divorce with the help of a Los Angeles divorce lawyer, it’s important to get as much information about the divorce process as possible. Here are five surprising facts about divorce you should know, and if you need more information about divorce that’s specific to your situation, reach out to a qualified divorce lawyer.

1. California Maintains a Six-Month Waiting Period

The first thing that you should know about getting a divorce in California is that the process is certainly not instantaneous. In fact, the opposite is true: there is a mandatory waiting period. The waiting period is six months, which means that a divorce judge will not grant a divorce judgment until a minimum of six months of separation have passed. The clock starts ticking from the moment that the divorce summons and petition is served on the defendant. (As a note, most issues in a divorce take longer to resolve anyway).

2. You Don’t Have to Prove Fault in Order to Part Ways

Another interesting thing that you should know about California divorce is that you do not have to prove fault in order to get a divorce. Indeed, California is a pure no-fault divorce state. This means that you can separate from your spouse based solely on the fact that you have irreconcilable differences.

3. Your Property Is Your Spouse’s Property and Visa Versa

If you think that just because you bought the car or the mortgage is in your name you’ll get to keep the house, think again – California is a community property state, and holds that all property acquired during the course of the marriage is presumed to be marital property, and as such, except in certain circumstances, property is equally owned by both spouses.

4. You Have to Be a CA Resident in Order to File for Divorce

If you just moved to the state of California and want to file for a divorce, or even if you just moved to a new county, you’ll have to wait a bit before you can file your divorce petition. This is because the state of California has a six-month residency requirement, and you or your spouse must have lived in the county in which you’re filing for at least three months prior to filing. Read more about this issue by clicking on this link.

5. While a DIY Divorce Is Possible, the Best Outcomes Are Achieved By Working with an Attorney

California does acknowledge the do-it-yourself divorce, where divorcing couples can access and file all legal forms they need to divorce on their own without legal counsel. While this is certainly a possibility, it’s not recommended. Divorce can be complicated, and resolving issues like how property will be divided or how custody of children will be shared can be contentious. When you work with an experienced Los Angeles divorce lawyer, you improve the chances of securing the best possible outcome for your case.

To learn more about divorce in California, call the Law Offices of Evan Braunstein today for a consultation. We are here to answer all of your tough questions.