California Divorce Questions

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In California, you can file for divorce on two grounds. They are irreconcilable differences and incurable insanity. When you decide to get a divorce, there would several questions that you think about. You would like to know whether you can file a divorce in California or not, what are the grounds on which you can file a divorce, where to file the divorce papers etc. You would like to know whether the common laws are acceptable in this state and whether this state is categorized as No Fault state. Before filing for divorce you would like to know the answers to such questions. Hence, here we have provided a list of California divorce questions that you can go through.

List of some important California divorce questions are as follows:

Q. By which terms are the divorcing parties referred to in a divorce action?

A. The divorcing party that begins the divorce procedure is known as the Petitioner. The other divorcing party that is served the divorce papers is called as the Respondent.

Q. How to select the correct venue for filing the divorce papers?

Answer: The superior court in the jurisdiction of the residence of the Defendant is the correct venue for filing a divorce case.

Q. What are the names of the documents that begin a divorce action and grant the divorce?

A. The divorce action begins by filing a document known as 'Petition for Dissolution of Marriage'. The divorce is granted with the help of a document titled 'Final Judgment of Dissolution of Marriage'.

Q. Can this state be categorized as a No Fault state?

A. Absolutely, Yes. As a matter of fact, fault grounds cannot be stated for filing a divorce in this state.

Q. Are common laws acceptable in this state?

A. No, common laws are not recognized in California.

Q. Explain the procedure of commencing a Summary (Simplified) Dissolution of Marriage in this state?


  • A Joint Petition that is signed by both divorcing partners is filed
  • In the above petition, it is stated that all the requirements of summary dissolution have been fulfilled
  • The mailing address of both the divorcing partners has been provided
  • A statement that discloses if the wife wishes to restore her former name or not is also appended

Q. How are waiting periods specified in this state?

A. First, it is seen which date comes earlier: the date of appearance of the Respondent or the date on which the Respondent was served the copy of the Petition and Summons. The waiting period extends six months from this date.

After filing the divorce papers, it is gauged if there is any reasonable possibility that the divorcing couple might reconcile. If the answer is yes, then the court orders continuance of the proceeding for a duration not exceeding 30 days.

Q. If the Respondent does not live in this state, then, in what manner is he or she served?

A. Such a Respondent is served the Complaint for Divorce by a special process server. Moreover, as per the divorce law of this state, it is not mandatory that the Respondent must reside in this state.

Q. What are the residency requirements of a person filing for divorce?

A. A person, who files for divorce, in California must be staying in this state for minimum 6 months or 180 days (whichever is more). Moreover, out of this period, the person must be staying in the county of residence for 3 months.

Q. Which grounds of divorce are admissible in this state?

A. Incurable insanity and irreconcilable differences are the 2 grounds of divorce in this state. In case of the former, when the Petition was filed, the court must be presented evidence that the spouse was and is incurably insane.

The answers to California divorce questions provided above will help to resolve your doubts related to divorce procedure in the state of California. You will be aware that you can apply for divorce in this state if you have been staying these for at least 180 days or 6 months (whichever would be more). Out of this period for around 3 months this person must stay in the county of residence. The common rules are not recognized in the state of California. The above provided questions and their answers must have resolved your queries about filing of divorce till the grant of divorce.

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