Can you get a divorce in California if you were married in another state?
Can you get a divorce in California if you were married in another state?
If you live in California and your spouse lives in any other state or vice versa, you can still file a petition for divorce in California. Additionally, it is possible to file the petition for legal separation or divorce in a state other than the one where you got married.
Can you get a divorce without your spouse’s signature in California?
The fact is that California is a no fault state and you do not need your spouse’s signature in order to get a divorce. If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.
How does divorce work if you live in different states?
If you and your spouse live in different states, you may divorce in either state in which one of you has met the residency requirements before filing. It may be to your advantage to file before your spouse, to save yourself the fees associated with traveling to the other state for court appearances, for example.
What is the residency requirement for divorce in California?
In short, yes. To file for divorce in California, there are California divorce residency requirements. First, either you or your spouse must have lived in California for the last six months, and second, you must have lived a minimum of three months in the county where you plan to file the divorce.
How much does a divorce cost in CA?
The average cost for a divorce in California is $17,500 when hiring divorce attorneys, according to a study by Martindale Nolo Research. If your divorce is relatively simple, the cost will be around a few thousand dollars at a minimum.
How does adultery affect divorce in California?
California is a no-fault divorce state, which means spouses can file for divorce without pointing the finger at their spouse. Usually, infidelity does NOT impact property division (unless the cheating spouse wasted marital assets on the affair), spousal support, or child custody, with limited exceptions.
Do I need a lawyer for divorce in California?
File Divorce in California Without A Lawyer. If you want to file a divorce in California, you are not required to hire a lawyer. In fact, most divorce proceedings can be easily handled without lawyers and the high expense that comes with their services.
Can you date while separated in California?
A commonly asked question about legal separation that I hear often is “Can I date while I am legally separated?” Technically the answer is yes because California is a no-fault state. However, if you have children, be advised that dating while legally separated could influence child custody arrangements.
Can you go to jail for adultery in California?
There are no direct legal consequences of committing adultery in California. In other words, adultery is not punishable by law or as a tort in this state. However, military personnel in California may be court-martialed for committing adultery under Article 134 of the Uniform Code of Military Justice.
Why does divorce take so long in California?
The purpose of the waiting period is to allow divorcing couples a time to resolve their conflict and potentially reconcile as a couple, ending the divorce. If you and your spouse both agree to the divorce, you will still need to wait for the six-month period to end in order for the court to finalize your divorce.
How much does a divorce lawyer cost in California?
Average total costs for divorce lawyers in California range from $12,500 to $15,300, but fees are usually lower in cases with no contested divorce issues and higher when cases go to trial. The divorce process in California typically ranges from 8 months for uncontested cases to 18 months or more with disputes.
Is CA a fifty fifty state when it comes to divorce?
Since California is a “Community Property” state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered “up for grabs” in the dissolution will be distributed equally to each spouse.
How much does a divorce cost in California without a lawyer?
The average cost of divorce in California is $17,500. However, that number can go down significantly in uncontested cases or increase depending on any disputed issues. The more complex your divorce case is, the more expensive it will be.
Who pays for a divorce in California?
Family Code sections 2030 states that each party shall have equal access to legal representation in a divorce, legal separation and annulment proceeding, and this means that one spouse may be required to pay the attorney fees of the other spouse.
What is the law for divorce in California?
First, at least one of the two parties to the divorce must have lived in California for at least six months prior to filing for divorce. To be eligible to file in any county in California, at least one of the spouses must have lived in that county for three months before filing for divorce.
How are assets divided in a divorce in California?
Under the divorce rules in California, spouses can divide assets by assigning certain items to each spouse, by allowing one spouse to “buy out” the other’s share of an asset, or by selling assets and dividing the proceeds. They can also agree to hold property together even after the divorce.
Are you responsible for your spouse’s debt in California?
In California, the community property is liable for the debts of either spouse. In fact, the community property is liable for the debts that either spouse brings to the marriage as well as the debts incurred during marriage.
Can a wife be held responsible for husband’s debt?
Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.
Is a wife responsible for a husband’s credit card debt?
In common law states, you’re usually only liable for credit card debt if the obligation is in your name. So, if the credit card is only in your spouse’s name, you’re typically not liable for that debt.
