• The legal nature of marriage results in very specific rights and responsibilities. The decision to end this union requires legal intervention to officially dissolve the union and decide matters such as property division and spousal support among other things. While divorce proceedings contain similar elements from state to state, each has its own set of laws governing aspects of the process such as filing requirements, how it divides property and acceptable grounds for requesting a divorce. Anyone with questions about California divorce law should contact a qualified attorney.
  
  

Filing

• In order to file for divorce in California, one of the parties must have lived in the state for at least six months and lived at least three months in the county in which the petitioner (spouse seeking divorce) files. The petitioner must file at the Superior Court. The process can require different types of paperwork including the Petition for Dissolution of Marriage, which outlines facts such as the length of the marriage, date of separation and the presence of minor children as well as information regarding income, expenses and any agreements between the parties regarding property division and/or support, if applicable.
  
  

Grounds for Divorce

• California only has two legally acceptable grounds for divorce. They include irreconcilable differences and incurable insanity, verified by a medical professional, that existed when the other spouse decided to file for divorce. If the filing spouse serves as the guardian or conservator of the insane spouse or the spouse does not have anyone, the court will appoint someone to act in his or her interest and protect his or rights.
  
  

Possibility of Reconciliation

• If the court believes the couple can possibly reconcile, he or she can delay divorce proceedings up to 30 days. After this time, either spouse can request the proceedings move forward for a divorce.
  
  

Summary Dissolution

• Certain marriages can qualify for a summary dissolution, which proceeds much faster than a typical divorce. In order to have a summary dissolution, the couple must have must file a joint petition, have been married less than five years and have no minor children, debts exceeding $4,000 or community property exceeding $25,000 (the court may adjust these amounts depending on the value of the dollar using the California Consumer Price Index as a guide). If applicable, the couple must also present an agreement outlining the division of assets.
  
  

Property Division

• California law calls for 50/50 division of the property unless the couple has come up with a court-approved arrangement detailing division or the court finds a compelling reason to do otherwise. Which spouse receives responsibility for debts incurred will depend on several factors such as the nature of the debt and when it occurred.
  
  

Spousal Support

• The court reserves the right to order spousal support if it feels one spouse cannot maintain a similar standard of living achieved during the marriage on his or her own. In determining this, the court will look at several factors, including but not limited to, earning capacity, job skills and education, impaired earning capacity due to time spent in the home supporting the other spouse, contribution to the other spouse's education or job training, length of the marriage, age and health.