Divorce is never easy—emotionally, financially, or legally. If you are considering divorce in California, understanding the process can help you make informed decisions and prepare for what lies ahead. At the Law Offices of Raazia Bokhari, APC, we guide clients through every step with clarity and compassion. Here are the top five things you should know before filing for divorce in California:
1. California Is a “No-Fault” Divorce State
In California, you don’t need to prove wrongdoing like infidelity or abandonment to file for divorce. The most common reason cited is “irreconcilable differences.” This means the marriage has broken down beyond repair, and neither spouse needs to be blamed.
2. Residency Requirements Apply
To file for divorce in California, at least one spouse must have lived in the state for six months and in the county where you plan to file for three months. If you don’t yet meet the residency requirement, you may still be able to file for a legal separation until the requirement is met.
3. Property Division Follows Community Property Laws
California is a community property state, which means that, in most cases, property and debts acquired during the marriage are divided equally between both spouses. However, separate property—such as assets owned before marriage or gifts/inheritances—may remain with the original owner. Proper documentation is essential.
4. Child Custody and Support Are Decided in the Best Interest of the Child
If children are involved, custody and visitation arrangements are determined based on what serves the child’s best interests, considering factors like stability, safety, and each parent’s ability to provide care. Child support is calculated using state guidelines that take into account income, time spent with the child, and other financial factors.
5. Divorce Takes Time—There’s a Waiting Period
Even if both parties agree on everything, California law requires a six-month waiting period from the time the divorce petition is served before the divorce can be finalized. Complex cases involving disputes over custody, support, or property can take much longer.
Final Thoughts
Divorce can be one of the most challenging times in your life, but you don’t have to face it alone. Understanding the basics helps, but every case is unique. At the Law Offices of Raazia Bokhari, APC, we are here to protect your rights, explain your options, and guide you toward a better future.
