Whether you’ve been contemplating ending your marriage for a while or something recently happened that encouraged you to file, understanding how to begin this process is critical. Unfortunately, many are unsure what the first step of divorce is and whether or not they are eligible to pursue this option. If this reflects your circumstances, the following blog can help you take the correct steps to begin this process with the assistance of a Los Angeles divorce attorney.
Are There Any Requirements in California to File for Divorce?
California, like most states, has residency requirements that must be met before a divorce can be filed. Generally, you must be able to prove that either you or your spouse has lived in the state for six months and in the current county where you reside for three. If you and your spouse have lived in separate counties for at least three months, you can choose which county you would like to file in. As the party filing, you have the option to choose where you would like the proceedings to take place, which can give you an advantage if your spouse lives further away.
It’s important to understand that if you do not meet the residency requirements, you may be eligible to pursue legal separation which can then be changed to a divorce once you meet the minimum requirements for residing in the state. However, this is a complex process and should be utilized sparingly.
If I’m Ready to File, What Is the First Step for Divorce?
To legally begin the divorce process, you must file two forms through the court. These are the petition and summons. The petition establishes information regarding your marriage and what you would like the court to impose in relation to alimony or custody. The summons informs your spouse that you have filed the order, and gives them thirty days to file a response. Because you filed the petition, you will be referred to as the petitioner. Your spouse is the respondent.
It’s also important to understand that if you have children with your spouse, you must file a Declaration under the Uniform Child Custody Jurisdiction and Enforcement Act. This provides information about where your minor children were born and currently reside.
Though filing these two documents is the first step to legally begin the divorce process under California law, you may want to take an additional step before filing by connecting with an experienced divorce attorney. Unfortunately, divorce can be notoriously challenging to navigate due to the emotional complexities of these matters. As such, working with an attorney is critical to ensuring your divorce goes as smoothly as possible.
When you’re ready to file for divorce, the Zitser Family Law Group APC is here to help. We understand how complicated these issues can be, which is why we are ready to help with any problems you may have. Contact us today to learn more about how we can help you.
