To initiate a divorce proceeding, you or your spouse will have to file a Petition for Divorce with the court in the county where you live. You must have been living in California for at least six months and in the county where you file for the past three. Fill out the form completely. You do not have to list a reason as cause other than irreconcilable differences. California is a no-fault state, meaning you do not have to prove fault for the courts to grant you a divorce.
Once you file the petition with the court clerk, someone will need to serve the papers on your spouse. He or she will then have 30 days to respond. You may ask for temporary orders, such as temporary spousal maintenance or protective orders, during this time. If your spouse responds with an agreement to your terms, a judge may grant you an uncontested divorce without further negotiations. The same is true if your spouse does not respond at all.
If your spouse challenges the terms, you will both need to negotiate to reach a settlement, such as through mediation, or else go to trial to resolve the case. Successful resolutions help alleviate stress The rest of your divorce will depend on your goals and the details of your marriage. It will take at least six months to get a divorce with California’s mandatory waiting period. Working with a Rocklin divorce lawyer from Boyd Law, however, can help you achieve the most efficient divorce process possible.