What are the grounds for dissolution in California?
There are two: Irreconcilable differences and incurable insanity. How is a divorce filed? You or your spouse must have lived in California for at least six months and in the county for three months before you file. You or your attorney must file a number of papers including a petition for dissolution unless your spouse has filed first. If your spouse has filed, you will be required to file a response or otherwise risk a default judgment.
Do I have any options in how I handle my divorce?
Yes, there are several alternatives including the following:
- Full representation where an attorney represents you in court.
- Limited representation where an attorney will assist you in a limited capacity with certain parts of the process.
- Mediation where you and your spouse can reach a negotiated resolution with the assistance of an attorney/mediator in a non-adversarial setting and without going to court.
What happens to our children when we separate?
The best solution is for you and the other parent to agree on who will take care of the children. In California, county superior court judges make the final decision if you and your spouse cannot agree. Because you probably will be under a great deal of stress during this process, it is best to keep your children's best interest in mind.
