California Divorce FAQ


When you are facing divorce, the future is uncertain. Matters can be even more confusing since most people have little experience with the divorce process, which can be complex and confusing. This action can be filed by a married person to end a marital relationship. Along with filing this action it can restore the parties to single status, the court will issue orders for custody and visitation of there are minor children of the marriage involved as well as child support, spousal support, and divide community and separate property assets and debts. Always contact a divorce lawyer in Carlsbad with your questions prior to filing a divorce. The following are some frequently asked questions from our clients.

What are the requirements for divorce in California?

In order to get divorced, a California state court must issue an order for the dissolution of your marriage. To be eligible for this order, you must meet the following requirements:

  • You or your spouse must be living in California for six months and in your specific county (where you file) for three months.
  • You must cite “irreconcilable differences” as the basis for your divorce, since California is a no-fault divorce state.
  • You must resolve any applicable legal issues, such as property division, child custody, child support, and spousal support.

How will we divide our property in a divorce?

California is a community property state, which means that all property that a married couple acquires is considered to be community property. Such property and assets must be divided 50/50 – or as close to 50/50 as possible – between the spouses. This includes all financial accounts, real property, and personal property, as well as debts.

How long does it take to finalize a divorce?

Each divorce case is different, and the time a case will take depends on how complicated the issues are. First, every couple must wait six months after filing to obtain a divorce. If you cannot resolve certain issues right away, it may take longer to try mediation or even go to trial.

Discuss Your Options with a Divorce Lawyer in Carlsbad Today

The McKinnon Law Firm helps clients navigate the divorce process and emerge post-marriage in the best position possible. Call (760) 227-2476 or contact us online to speak with a Carlsbad divorce attorney.

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