Getting married is often considered the happiest day of a person’s life. However, that joy can quickly fade as the realities of marriage set in, and you realize that your spouse isn’t the person you thought you were marrying. However, California is a “no-fault” divorce state, meaning you don’t have to prove a spouse did something wrong. Instead, you can file on grounds of irreconcilable differences in your marriage. If you were served papers or filed for divorce, you’ll want to keep reading to learn what irreconcilable differences are and how a Los Angeles divorce attorney can help you navigate the challenges.
What Constitutes Irreconcilable Differences?
In some instances, you may realize your marriage is just not working. Though nothing explicitly happened, such as abuse, abandonment, or an affair, you may be dissatisfied with your relationship. This, at its core, is an irreconcilable difference.
Typically, any time you and your spouse have a fundamental disagreement, it constitutes irreconcilable differences. For example, disagreeing about raising children, intimacy, finances, or religious values can make your marriage unstable.
Even in “no-fault” divorce states, things like cheating can have an impact on your settlement. Though the state will not punish the party who cheated, if they used astronomical funds to have the affair, you may be able to recover some of that money. Though it seems unfair that the cheating spouse won’t be punished for their actions, filing irreconcilable differences makes it easier to end a marriage.
What Are the Requirements to File?
In order to file for divorce in California, there are residential requirements you must meet before you are able to divorce. The person filing the petition must live in the state for a minimum of 6 months and reside in the county where they file for divorce for at least 90 days.
As previously mentioned, you will not need to provide a reason or proof in order to file. Instead, you can simply file on the grounds of an irreconcilable difference.
Do I Need an Attorney?
If you and your spouse are getting divorced, ensuring you have an attorney representing you is essential.
In some instances, you may be able to navigate the divorce on your own, especially if you and your spouse are divorcing on amicable terms. Even in these instances, having an attorney review the documents before you sign them can help ensure everything is legal and valid.
However, in most cases, ensuring you have an attorney present during your divorce is essential, especially as these are hotly contested legal battles.
When going through a divorce, ensuring you have a competent lawyer in your corner is crucial. At the Zitser Family Law Group, we are dedicated to helping guide you through your divorce to make the transition as smooth as possible.
