Filing for Divorce in California

CALIFORNIA

1. What are the residency requirements for filing for divorce in California? 
To file for a divorce in California, at least one of you must be a resident of the state for the six months prior to filing. What county you live in also makes a difference. At least one of you must have been a resident of the county where you file a petition during the three months leading up to filing.

2. Does California have a waiting period?      
The court will not grant you a divorce in California until at least six months after you at least six months after you have properly served the petition on the other side.
 
3. Does the state have grounds for divorce?
California is a no-fault state. There are just two grounds for divorce.

• Irreconcilable differences that have caused the breakdown of your marriage — meaning the court finds substantial reasons you shouldn't stay married;
• Incurable insanity, which requires proof — including medical or psychiatric testimony — that your spouse was incurably insane at the time the petition was filed and remains incurably insane.

4. How does California determine the division of property?   
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can't agree, the court will divide your property for you. Property you acquired during your marriage is considered community property unless you can provide a deed or other documentation showing that the property is separate, or you and your spouse have a written agreement stating that the property is separate. Retirement benefits are considered community property in California. Separate property is defined as:

• Property you acquire during the marriage (unless it's gift or inheritance) is considered community property, unless you can prove otherwise.

5. Does California require mediation before a divorce is granted?
No, California doesn't require mediation as a rule before granting a divorce. The court may call for mediation when negotiations over parenting arrangements have broken down.   The Court requires mediation when child custody is involved.

6. How does the state determine child custody?
Legal custody and physical custody are two different things. 

• Legal custody: This outlines how involved each parent is in the major decisions of a child's life — where a child goes to school, what faith he or she is raised in and other biggies.(Health, Education, Welfare of child).
• Physical custody: This addresses where a child will live and with whom. If you have visitation, you still have custody during the times of the visits. Visitation is then negotiated based your physical custody arrangement.