California Is a No-Fault State
One of the most important things to note about the California divorce process is that this is a no-fault state. In fact, it was the first state to implement the no-fault divorce approach. This allows couples to divorce without the need to justify it. “Irreconcilable differences” suffice. No-fault divorces also contribute to the opportunity for one person to initiate divorce proceedings whether the other person agrees or not.
In some states, infidelity disqualifies the partner from seeking and receiving alimony. This is not the case in California. For a breadwinner who was betrayed by his or her ex, this can feel like salt in the wound. However, one benefit of this is that even if a dependent spouse faces false accusations backed by circumstantial evidence, he or she may still be entitled to support.
One fault spouses can volunteer that could affect divorce proceedings is domestic abuse. This can allow for protective orders, which can even affect child custody. It is important to note that California courts take false accusations very seriously. Even if you are telling the truth, if you are unable to prove it, the court may treat the allegations as false instead of just unproven. Your McCunn Law attorney can advise you on how best to proceed.
Residency Is Important
When it comes to fulfilling the American Dream, California is often the state that comes to mind. From tech to Hollywood, the state provides the perfect opportunity for separating spouses to start over. Unfortunately, many people who move to El Dorado Hills and prepare to file for divorce soon learn that they have a long wait time ahead.
Even if you move your business and purchase a home here, it takes six months to become a legal resident. Generally, the only way to move forward immediately is if your spouse is already a resident. You may also need to prove state residency of the children for California courts to handle child custody and child support on their behalf.
This may, at first, feel like a setback, but there are some actions you can take during this time to prepare yourself for the road ahead:
- Collect and file all the necessary legal and financial documents you need for the divorce, such as bank statements and tax returns.
- Reach out to state agencies to get copies of tax returns filed as far back as possible in the marriage, if you do not have copies of your own.
- Attempt to come to an amicable agreement with your ex regarding the children or any support orders.
- Begin the process of adjusting estate plans, closing out joint bank accounts and removing your ex as an authorized user on credit cards.
- File for a domestic violence restraining order if you believe you, your children or others close to you might be in danger.
- Hire an experienced El Dorado Hills divorce attorney from McCunn Law.