Grounds For Divorce In California, Briefs The 2024 ThreeBestRatedⓇ Award Winner, Magdalena Chattopadhya

Magdalena Chattopadhya, the founder of Magdalena Law Group is pleased to receive the 2024 ThreeBestRatedⓇ Award of Excellence for her extraordinary service in the divorce disputes. The award is a testament to her success. Receiving it for the consecutive times makes it even more special for Magdalena.

Magdalena Chattopadhya happily shared, “This award means a lot to me and I see it as a symbol of achievement for my dedication to helping people in their legal disputes. I want to achieve more awards like this in the future!”. She also gave a glimpse of two important reasons for which a couple can file divorce in California. They are,

Irreconcilable differences

The primary cause for seeking a divorce is often “irreconcilable differences”. In California, which is a “no-fault” divorce state, partners are not required to demonstrate the other’s wrongdoing to obtain a divorce. In essence, one must declare that the marriage has reached a point of no return due to irreconcilable differences between the partners.

Moreover, California is recognized as a state that practices no-fault divorce, meaning that “faults” are not taken into account when deciding issues like the division of assets, custody of children, child support, etc. Typically, for a spouse to file for divorce in California, they need to demonstrate that they have lived in the state for at least 6 months and in the county for at least 3 months before the divorce petition is filed. The court will not issue a divorce decree until at least 6 months and 1 day have elapsed since the petition is served on the other spouse.

Incurable insanity

A partner can also initiate a divorce on the basis of “permanent legal incapacity to make decisions”. Nonetheless, this is uncommon due to the stringent proof required, necessitating evidence that the insane partner was present at the time the divorce petition was filed and continues to be, irretrievably insane. Should the court approve the divorce on the grounds of irretrievable insanity, the partner seeking the divorce is still bound by legal duties to provide for the spouse who is irretrievably insane.

Legal Separation Can be An Alternative!

If there are hurdles, Legal separation serves as a great alternative option from divorce in California. It enables a pair to divide and address common divorce issues like child custody and financial support, while still keeping their marriage legally intact. This option allows the couple to act as though they are divorced while retaining the legal advantages that come with being married.

Another factor to think about when applying for a divorce in California is the couple’s living situation. The state mandates that at least one of the partners must have lived in California for a minimum of 6 months before they can proceed with filing for divorce in the state, educated the expert. Magdalena is also available for any individual to discuss their divorce related disputes. Magdalena’s expertise is nothing short of excellence and she can represent you in the courtroom to derive the result you want in your case.

Address: 300 South First Street, Suite 228, San Jose, CA 95113

Phone: +1-408-601-4439

Email: magdalena@magdalena-law.com

Divorce, assets division, child custody, child support, spousal support/maintenance/alimony, domestic violence restraining orders, modifications of orders, same sex divorce, domestic partner termination, marriage annulment, parentage actions, paternity & family law appeals are the divorce-related services you can expect from Magdalena Chattopadhya. Please check their website to schedule a free initial consultation.

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