Q:

What are the divorce laws in California?

A:

Quick Answer

Divorce laws in California stipulate that a spouse or partner can end the marriage even if the significant other does not want a divorce, according to the Judicial Council of California. A spouse or partner cannot stop the divorce process by refusing to participate under the no fault divorce laws in California.

Continue Reading

Full Answer

The no fault divorce laws stipulate that a spouse or domestic partner does not have to prove wrongdoing to obtain a divorce, and as a result, a default judgment is entered to process the divorce, often deemed as irreconcilable differences, explains the Judicial Council of California. California recognizes three legal ways to end a marriage or domestic partnership registered in California. These include a divorce, legal separation or annulment. Only one spouse or partner is required to file divorce papers with the county of residence.

To process a divorce under California law, one spouse or domestic partner must complete forms for divorce at the local courthouse and file the court forms with a court clerk, notes the Judicial Council of California. A filing fee must be paid by the individual petitioning for divorce; however, California divorce laws stipulate that a fee waiver may be offered to individuals who cannot afford the fee. A preliminary declaration of disclosure must occur before the divorce is granted, which includes both parties exchanging financial documents.

Learn more about Law

Related Questions

Explore