Unfortunately, there is a common misconception that anyone who wants to get a divorce must first be separated and live away from their spouse for a period of time. While this may be the case in some states, understanding whether or not this is required in California is critical. If you’re ready to file for divorce and want to know how long this process can take and if separation is necessary, you’ll want to keep reading. The following blog covers what you should know about these matters and why you should discuss your circumstances with an experienced Los Angeles divorce attorney who can help you explore the legal requirements to get a divorce.
Do I Have to Be Separated to Get a Divorce?
For many, divorce is a complicated matter you may want to get through as quickly as possible. Though California has taken measures to speed up this process, like making it an exclusively “no-fault divorce state, you may wonder how long you and your spouse must be separated to file.
It’s important to understand that California does not have a separation period a couple must endure before they file for divorce. However, there is a mandatory waiting period. Essentially, California requires a couple who files for divorce to wait at least six months before the dissolution of their marriage can be legal and final. The state believes that this gives the couple the chance to reconcile their differences and remain married.
Though you do not have to, you can choose to file for legal separation when you file for divorce. However, this may not be ideal, as it can complicate the property distribution process. Additionally, remaining legally married allows you to continue to share finances and things like health insurance while you and your spouse make arrangements for these matters following your divorce.
How Can I Finalize My Divorce?
Once the mandatory waiting period has elapsed, you and your spouse can look to finalize the divorce, if you were able to settle matters regarding property division, alimony, and child custody within that time period. In the event you are unable to determine how to handle these matters, you may be required to appear in court to let a judge decide the outcome. As such, this can take much longer than six months.
However, if you did finalize these matters, you can submit the necessary forms asking the judge to issue a final decision. Generally, they will look at the agreement you and your spouse composed to ensure it is fair, error-free, and legally binding. In the best-case scenario, they will approve the paperwork without even having to appear in court.
As you can see, filing for divorce can be a complex legal matter that has many considerations that must be made. That’s why it’s in your best interest to connect with an experienced divorce attorney from the Zitser Family Law Group, APC, as soon as possible. We understand how complicated these issues can be, which is why our firm is dedicated to guiding you through these complex times. If you need help with your divorce, our team is ready to assist you. Connect with us today to learn more.
