What are the legal requirements for a divorce?
In California, the legal requirements for getting a divorce are fairly straightforward. Firstly, at least one of the spouses involved must have been a California resident for at least six months prior to filing for the divorce. Secondly, the grounds for the divorce must be established. This can be either irreconcilable differences or one of the other recognized grounds for divorce under the California Family Code, such as adultery, cruel and inhuman treatment, or abandonment. Once these two requirements are met, the process for filing for divorce must be started. Typically, one of the spouses will need to file a petition for divorce with the local Superior Court. The petition must be served to the other spouse, who will then be given a period of time to respond. If there are no disputes between the spouses over property division or other matters, then the divorce can be granted by the court. If child custody or spousal support is an issue, then the court will likely require the involved parties to attend mediation sessions to resolve these matters. The court will not grant a divorce until all of the issues between the parties have been settled. Once all parties involved have agreed to the settlement terms and the court has granted the divorce, then the divorce is final.
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