You or your spouse must have lived in California for six months and in your county for three months before filing a petition to dissolve your marriage. In California, there are two grounds for divorce (officially referred to as dissolution):
- Irreconcilable differences. Your marriage will not work and counseling will not help save the marriage.
- Incurable insanity (rarely used). Medical proof that one spouse was insane when the petition was filed — and remains incurably insane — is required.
Options for Handling your Divorce
You have several alternatives, including the following:
* Full attorney representation: You can get a
divorce by having an attorney represent your interests in court. You could
qualify for free or low-cost legal assistance if you have very little income.
* Limited attorney representation: You can hire an attorney to assist you in a limited capacity with certain parts of the process.
* Mediation: You and your spouse can reach a negotiated resolution with the assistance of a mediator in a non-adversarial setting and without going to court.
* Self-representation (pro per): You can act as your own attorney. A paralegal or Legal Document Assistance can assist with the preparation of your documents and ensure that you are following the correct procedures. In the event the correct procedures are not followed, you may run into problems when the time comes to submit your final Judgment for processing, as well as other potential problems that may leave your Judgment open for attack, or set-aside
There can be advantages and disadvantages to each one of these alternatives. The course of action most appropriate for you will depend on your particular situation. Factors such as time, cost, the impact on your children, the communication between you and your spouse, and a desire for control in the process may influence your decision.