Divorce Attorneys in Livermore, California

The decision to end a marriage never comes easy. For most people, filing for divorce is the most difficult decision they’ll ever make. Filing for divorce can seem scary because spouses often do not understand the divorce process and legal requirements for ending a marriage in California.

Navigating the legal system when trying to get a divorce can be complex. At Crumpley & Crumpley PC, our team of dedicated and compassionate divorce attorneys represents people seeking a divorce in Livermore, California, as well as Danville, Hayward, Dublin, Castro Valley, Pleasanton, Walnut Creek, San Ramon, and throughout Contra Costa and Alameda Counties.

Eligibility to File for Divorce in California

Before filing a petition for divorce in California, you must meet the state’s eligibility requirements to file for divorce. Under California law, at least one of the parties must have resided in the Golden State for six or more months before the petition is filed. Another eligibility requirement is that the spouse who files for divorce must live in the county where a petition is filed for three months or longer before the filing date.

What are the Grounds for Divorce in California?

Unlike other states, which have multiple grounds for divorce, California established only two grounds for divorce:

1. Irreconcilable differences mean that the spouses simply cannot get along with one another to keep their marriage alive.

2. Permanent legal incapacity means that the other spouse does not have the legal capacity to make decisions.

Some other states also use adultery, cruelty, and other fault grounds for divorce, but California is not one of them. In California, the family courts encourage the parties to resolve their divorce-related issues amicably, including property division and child custody.

Contested vs. Uncontested Divorce

California law recognizes two types of divorce:

1. Contested divorce. A divorce is contested when the couple cannot agree on some or all aspects of their divorce. Unless the parties can reach an agreement out of court, their divorce may go to trial to resolve their disputes and finalize the divorce.

2. Uncontested divorce. In this type of divorce, spouses can reach an agreement on all major issues, including the division of property and debts, child custody, alimony, and child support, without the court’s intervention.

Since uncontested divorces do not require a trial, the divorce process is less expensive than in contested divorces. Typically, uncontested divorces take less time to resolve than contested ones. A skilled divorce attorney in Livermore, California, can help you resolve your disputes in order to reduce the cost of your divorce and shorten the overall divorce timeline in your case.

How Long Does a Divorce Take?

According to the Judicial Council of California, the divorce process cannot take less than six months from the date the respondent spouse was served with divorce papers. That is because California has a mandatory six-month waiting period that prevents couples from finalizing their divorce faster than six months and one day after the date the divorce petition was served.

During the waiting period, spouses can still submit their paperwork to the court and negotiate a settlement with their spouses. However, the judge will not finalize a divorce until at least six months have passed after the date of service.