Marriage Dissolution in California – All You Need to Know (2024)

Aug 20

, Carroll Law Office

It can be difficult when the marriage you once thought would last forever turns into a situation that simply cannot be worked out. You may be overwhelmed and extremely emotional if you have found yourself in this situation. If you are considering a marriage dissolution in California, you should know a few key points before you begin to move forward.

Not just anyone is eligible to file for a marriage dissolution in California. There are many qualifications which must be met. It is important to know and understand these before beginning the process in order to save time, money, and energy. An experienced lawyer can help you understand what is right for your particular set of circumstances.

What Is Marriage Dissolution in California?

Marriage dissolution, also commonly referred to as divorce, is the legal process of ending or resolving a marriage. California is a no-fault divorce state, meaning that you and your spouse are able to get a divorce without having to prove that either of you did anything wrong. Even if your spouse does not want a divorce, you can still file for divorce if you think it’s right. Such circumstances can be difficult to work but can be legally managed.

Requirements for Marriage Dissolution in California

Even though California is a relatively easy state to obtain a divorce, there are still a few requirements that couples must meet to qualify for a marriage dissolution. These include:

1. You or your spouse must have been living in California for at least six months before you file.
2. You or your spouse must have been living in the county in which you are filing for at least three months before you file for divorce.

These terms are known as residency requirements and must be met prior to filing for divorce. If you or your spouse do not meet these requirements, you must wait until you do before you’re legally allowed to dissolve your marriage.

Is Divorce Right for Me?

If you are contemplating filing for a divorce, there are some key points you may want to consider before doing so. Marriage dissolution is not typically the first option that couples take when they begin to have problems in their marriage. Therefore, some consideration with the help of an experienced divorce attorney could provide you with insight on which steps to take next.

The most important question to ask yourself is, “Have we done everything to try and mend this relationship?” When the answer is yes, or your relationship is clearly unmendable, dissolving your marriage may be what’s right and healthiest for everyone involved. Divorce is a permanent action and is typically done when couples do not see any way to fix their relationship.

A secondary question that may be helpful to ask yourself before filing for divorce is whether you truly wish to be separated from your spouse forever or if you are simply going through a difficult time. An experienced attorney can help walk you through answering these questions for yourself and provide insight into what may be a good solution for your particular set of circumstances. If you believe your relationship is mendable, therapy or mediation may be helpful.

How a Skilled Family Lawyer Can Help With Marriage Dissolution

While it is not required to have a lawyer involved in the marriage dissolution process, having an experienced attorney by your side can be immensely helpful. An attorney can explain your rights, advocate for your interests throughout your divorce, assist you with filling out documents and filing them, and more. Because there are so many complex aspects that come with a California divorce, it’s smart to work with a lawyer when dissolving your marriage.

FAQs

How Long Does a Marriage Dissolution Take in California?

A marriage dissolution in California takes at least six months but can ultimately take multiple years to complete, especially if there are complex circumstances. There are many factors that determine the length of a dissolution or divorce case, including whether children are involved, if your spouse responded to you serving them, whether alimony is needed, and more.

What Is the Five-Year Rule for Divorce in California?

The five-year rule for divorce in California refers to a rule that allows residents to get a summary dissolution when certain criteria are met. A summary dissolution is a more simple form of divorce that requires fewer steps. The criteria that must be met include having been married for less than five years, having no children together, owing very little debt, not wanting spousal support, and agreeing on the terms of the divorce.

What Is the Dissolution Law in California?

In California, you can begin the process of obtaining a marriage dissolution simply by meeting all of the state’s residency requirements and then filing the appropriate paperwork. Even if your spouse does not wish to get a divorce, you are still legally able to file and pursue divorce on your own. The only legal points that must be met are the residency requirements. From that point on, you may begin filing paperwork and speaking with a lawyer.

How Much Is a Dissolution of Marriage in California?

The average cost to dissolve your marriage in California varies drastically depending on the circumstances of your particular case. There are certain factors that go into this process, such as the time your attorney spends on your case, papers that must be filed, your attorney’s experience, and more. However, you should be prepared to invest a lump sum of money in any divorce case, as splitting up two people’s lives can often become expensive.

Marriage Dissolution Representation in Santa Rosa, California

Separating from your spouse carries emotional, financial, and even physical ramifications that can be overwhelming to handle on your own. Additionally, the legal complexities of filing for a marriage dissolution can also be difficult to juggle. The Carroll Law Office is ready to provide you with the support you need during this time.

It is important that you handle a marriage dissolution with care, making sure all details are sorted out properly.  If you are ready to take this step or have already taken the step, do not hesitate to see what the Carroll Law Office can do for you. Contact our office today to learn more about marriage dissolution in California.