Best Probate Attorneys in Hayward, CA

Step 1: Making The Decision And Meeting Requirements The first step involves deciding to divorce. In California, either spouse can file for divorce, and you don't need the consent of your partner to proceed. However, you must meet the state's residency requirements, which typically involve living in California for at least six months and in the county where you plan to file for three months. If the residency rule isn't fulfilled yet, the spouse starting the divorce (the petitioner) has two choices: They can wait until the residency criteria are met. They can file for legal separation, where only one spouse needs to live in California, and there's no specific time demand. Legal separation is similar to the divorce process but doesn't legally end the marriage. Some couples who don’t meet these California residency rules choose legal separation first. Later, when they meet the residency criteria, they modify their request to pursue a complete divorce.