Proving grounds for divorce in California is easy but some filing requirements are stricter than in other parts of the US.
California has a reputation for being a very liberal state, so one would think that getting a divorce would be easier and more common here than in other parts of the US. However, the reality is that while it is easy to prove grounds for divorce, California has other hurdles that must be overcome before the divorce can be granted. Here’s how California stacks up against the rest of the country.
Overall Ease of Filing
Ease of filing is calculated using a metric that ranks states according to how much it costs to file for divorce, any required waiting periods for filing, and low long the state takes to formally recognize a divorce after the petition has been filed. California’s ease of filing score is 44 out of 100. The average score for the US is 59. Perhaps this is part of the reason why only 8 out of every 1,000 Californians file for divorce compared to 10 out of every 1,000 Americans. In Alaska, the state with the highest ease of filing score, 14 out of every 1,000 individuals file for divorce.
Divorce Filing Fees
Every state has certain administrative fees that must be paid in order to file the paperwork for a divorce. In California, this fee will cost you $395, making California the third-most expensive state in which to file for divorce. The average for the US is $200, and the cheapest divorces can be found in Mississippi where the fee is $52.
Residency Requirements
In California, the law requires that you be a California resident for at least 3 months prior to filing for divorce. This is more lenient than most states, with the average residency requirement being 5.9 months and the longest being a full year. However, in some states such as Alaska there is no residency requirement at all.
Minimum Total Processing Time
The time it takes for a state to recognize the divorce petition varies widely across the country. In California, the minimum total processing time is 360 days. The average for the US is 210 days, but some states such as good old Alaska the time is only 30 days.
Proving Fault
Finally, we get to an area where California has a clear advantage over other states! California is a no-contest state, meaning that couples can file for divorce simply by citing “irreconcilable differences.” There is no need to prove that either spouse broke the marriage vows or mistreated the other. This provision really does balance out the higher filing fees and wait times because it gives divorces the potential to be so much more amicable.
Considering Divorce?
If you are considering divorce in California, it would be in your best interests to have a skilled divorce attorney guide you through the legal and administrative processes involved. This will help ensure that your rights, your assets, and your children are protected during the divorce.
