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Superior Court of California - County of San Diego: Family & Children: Frequently Asked Questions: Divorce FAQ
    

Divorce Frequently Asked Questions

  1. Is my divorce automatically finalized in six months?
  2. Who can get divorced in California? (Residency Requirements)
  3. What if one spouse does not want to get divorced?
  4. Who should file first?
  5. What if I want to change an order made in my divorce judgment?
  6. Can I change my name in my divorce?



1. Is my divorce automatically finalized in six months?

NO. The process of getting a divorce begins once you file your petition. Before your divorce is finalized, all the issues must be resolved, either by default, agreement or through contested court proceedings (hearings and/or trial). You must have prepared and filed all of the necessary paperwork and paid all the applicable fees. Every case takes a different length of time to resolve. The process may take several months if the case is uncontested, or it could take much longer if there are complex issues. DO NOT ASSUME THAT YOU ARE DIVORCED UNTIL THERE IS A JUDGMENT SIGNED BY A JUDGE AND PROCESSED BY COURT STAFF. In all cases, your marital status cannot be terminated any earlier than six months after your spouse is either served with the divorce papers or files a response to the action.

Additional information on the dissolution (divorce) process can be located on the California Courts website under the "Self-Help" section at http://www.courts.ca.gov/selfhelp

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2. Who can get divorced in California? (Residency Requirements)

In California, the same basic procedures apply to people who are legally dissolving a marriage or a registered domestic partnership.

To file for divorce, either one of the spouses or partners must have:

  • lived in the State of California for six (6) months and
  • lived in the county for three (3) months before starting their divorce in that county.

If someone wants to start his or her divorce in one county in California but does not meet residency requirements yet, he or she can file for a legal separation first, and then revise their petition to ask for divorce after they meet the residency requirements.

If someone's spouse or partner lives in another state or country with any children from the relationship who are 18 years old or younger, he or she should consider talking to an attorney before filing any papers with the court.


3. What if one spouse does not want to get divorced?

In the State of California, it is not necessary for both spouses to agree to the divorce. Either spouse can decide to end their marriage. It is not necessary for the other spouse to agree. The spouse who does not want to get a divorce cannot stop the process by refusing to participate in the case. Non-participation will just lead to a "default" judgment, not to a dismissal of the divorce request.

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4. Who should file first?

It does not matter who is the first to file the divorce papers. The court does not give any preference to the first person to file (Petitioner) nor any disadvantage to the responding party (Respondent.)


5. What if I want to change an order made in my divorce judgment?

The orders made by a judge at the time of your divorce were based on information that was correct at that time. However, over the years things may change. For example, you may lose your job, inherit large sums of money, remarry or register a new domestic partnership. Some things in your judgment can be modified (changed) by a judge. For example:

  • You might ask to change child custody or visitation orders, if one parent wants to move out of the area, or the child's needs change.
  • You might ask to change child, spousal or partner support if there has been a change in financial circumstances.

Some orders may not be changed. Usually the division of your property is not subject to modification. Or, if you and your spouse or partner agreed that spousal or partner support may not be modified, the courts will usually follow that agreement. If you have questions about what you can and cannot ask to be changed, consider consulting an attorney who has experience in this area of the law; or if you are unrepresented by an attorney, you may contact the Family Law Facilitator for general legal information and self-help serivces. Additional information can also be located on the California Courts website under the "Self-Help" section at http://www.courts.ca.gov.

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6. Can I change my name in my divorce?

If you are getting divorced and want to change your name back to your maiden name, you can usually do that in your divorce case. If you are already divorced (in California only) and did not change your name in your divorce and you have decided you want to change back to your maiden name, you may. You may receive assistance from the self-help services of the Family Law Facilitator.



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