GROUNDS FOR GETTING DIVORCED IN CALIFORNIA - TUTORIAL VIDEO #2 (2021)
https://www.freedivorce.com/ https://www.freedivorce.com/video-guides https://www.freedivorce.com/court-forms https://www.freedivorce.com/templates/ https://freedivorce.com/paid-instruct... Video discusses various issues you should consider before filing for divorce: What grounds do I need? Do I need my spouse's consent? Should I hire a lawyer? What are the residency requirements? California is a "no fault" divorce state, which means you don't have to prove that your spouse did something wrong, such as being unfaithful or abusive, in order to get a divorce. There are only two grounds for getting a divorce or a legal separation in California: 1) Irreconcilable differences; or 2) permanent legal incapacity to make decisions (previously known as "insanity"). You don't need your spouse's consent to get divorced in California. If one party does not want the divorce, the court will still grant the divorce. If one party does not want the divorce, they can drag their feet and slow the process down, but they can't stop the court from granting a divorce judgment. Whether or not you should hire a lawyer depends on your financial situation and the types of issues involved in your case. Unfortunately, 70% of all family law filings in California are made by "pro pers", meaning people without lawyers because the vast majority of people can not afford to pay lawyers thousands of dollars for a retainer or hundreds of dollars per hour to work on their case. In order to file for divorce in California, either you or your spouse must be a resident of the state for at least six months before the divorce petition is filed with the court. However, there is no residency requirement to file a Petition for a Legal Separation. So, if you can't meet the six month residency requirement for a divorce, you can instead file a Petition For Legal Separation to get the process rolling and then easily amend the petition to a divorce Petition after you have satisfied the six month residency rule.
