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There is no 'guilty' or 'non-guilty' person, from the court’s point of view. Normally, people just give 'irreconcilable differences' as their reason for wanting a divorce.

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(See California Family Code Section 2310 AND California Family Code Section 2335 ) The only two grounds for divorce in California are: There is no need to prove 'fault' of one or the other spouse or partner. The State of California assumes that people who get married or register a domestic partnership are reasonable, mature adults, and that people who want to get 'unmarried' or end a domestic partnership are reasonable, mature adults. There are 'no fault' requirements to get a divorce in California. There are no residency requirements to start a Legal Separation. Interstate and international law are not covered on this website. 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, they should consider discussing their situation with an attorney before they file any papers with the court. If someone wants to start their divorce in one county in California but does not meet residence requirements yet, he or she can file for a legal separation first, and then amend their petition to ask for divorce after they meet the residence requirements. (See California Family Code Section 2320 ) Lived in the county for three (3) months before starting their divorce in that county.Lived in the State of California for six (6) months, AND.

To file for divorce, either one of the spouses or partners must have: In California, the same basic procedures apply to people who are legally dissolving a marriage or a registered domestic partnership. If you are getting public benefits, are a low-income person, or do not have enough income to pay for your household’s basic needs and your court fees, you may ask the court to waive all or part of your court fees. You will have to pay fees to file your forms with the Clerk’s Office. These forms can be completed and submitted for filing from your computer.

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You may use a form generator program to help fill out your forms. Choose the 'Family Law - Dissolution/Legal Separation/Annulment' option on that page from the dropdown box.

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You can also get free Self-Help Family Law Packets at a Self-Help Center location.Īll of the state forms are available from the Judicial Council website. What forms you need depends on your specific case circumstances. FORMS:ĭivorce can be a complicated process. Represent yourself:Ĭontact the Self-Help Center for assistance or view the Self-Help Center’s Workshops page for workshop times and dates. Legal Resources Information Sheet (L-1172). You can look for a lawyer in the phone book or call the Orange County Bar Association’s Lawyer Referral Service at (949) 440-6747 or Toll Free at (877) 257-4762.

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