When can I get a divorce?

In California, you can file for divorce if you believe your marriage is irretrievably broken. In order to get a divorce, one of the two spouses must have been a resident of California for the past six months and a resident of the county in which the divorce is filed for at least three months immediately preceding the filing for divorce. You must also wait at least six months after filing for divorce before you can receive a final divorce decree. Additionally, in California, if you have minor children with your spouse, you must wait six months from the date of filing for divorce before you can receive a final divorce decree. During this time, the court will typically order both parties to attend counseling. This counseling is designed to help the parties reach an agreement on custody, visitation, and support for their children. No-Fault divorces can also be pursued in California. A No-Fault divorce is granted when both parties agree that the marriage is irretrievably broken and both parties agree to the same terms regarding any matters of custody, visitation, and support. In this case, the waiting period is reduced to a minimum of only six weeks. In order to get a divorce, you must file the appropriate paperwork with the court and pay the corresponding court fees. After the initial filing, it generally takes around six months to four years to get a final settlement depending on the complexity of the individual case.

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