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California Divorce Laws Frequently Asked Questions

 
1. How long must I be a resident of California to be eligible for the filing of divorce?
Under the California divorce law you are required at minimum to be a resident of the State for at least either 6 months or 180 (whichever is longer) and three months for the county of residence.

2. What happens if the defendant spouse doesn''t reside in California?
Under the California divorce law there are no requirements for the respondent to be a resident of California.
 
3. What are the complications that the plaintiff will face when the defendant spouse doesn''t reside in California?
If the defendant spouse doesn't have residence in California, then a special process server will deliver the Complaint for Divorce to the defendant.
 
4. How long will it take for me to be rid of my spouse?
Each divorce case is different and no one can really tell you how long it will take you to be rid of your spouse.
 
5. What is the filing fee for divorce in the State of California?
The filing fee is dependent on the county of California that you have residence of.
 
6. How do divorce attorneys in California charge for their services?
California divorce lawyers charge a fee for their services or charge you on a per hour basis.
 
7. How much will I have to pay for hiring the services of a California divorce lawyer?
The California divorce lawyer fee really depends on the complexity of the divorce case. Your financial health, the nominal fee of the California divorce lawyer and of course your negotiating skill will play secondary roles in the total bill. You could end up paying anywhere between a few hundred dollars to a few thousand dollars as your divorce liability.
 
8. Do I really require a California divorce lawyer?
Well you can represent yourself in court. But, it is highly recommended to have a California divorce lawyer to represent you.
 
9. Can my spouse and I hire the same divorce attorney and save us some divorce liability?
No and yes. No, it isn't possible for a California divorce lawyer to represent both of the spouses. However, yes it is possible to save some divorce liability; if both spouses have an understanding then the same California divorce lawyer could prepare the paper for both the spouses.
 
10. Does the State of California recognize common laws?
No, the State of California doesn't recognize common laws.
 
11. Is California a No-Fault State?
Yes, California is a no fault State. In fact in the State of California you can't file for divorce with grounds.
 
12. How long does a couple have to be separated before filing for divorce in California?
The State of California doesn't have any requirements for separation before divorce.
 
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