Requirements for Filing for a Divorce With Divorce Attorneys in Encinitas CA

by | Apr 24, 2020 | Lawyers

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New York courts require attorneys to follow specific guidelines when filing a divorce motion. The guidelines define all requirements for a divorce case in any county in the state of Encinitas CA. Divorce law attorneys in Encinitas CA introduce petitioners to these objectives and help them prepare for court.

Establishing Jurisdiction Over the Divorce Case

The state cannot take jurisdiction over the divorce case if neither party is a resident. To establish residency in these proceedings, at one party must live inside the state for one year. If the couple were residents of the state already, residency isn’t a concern. Additionally, it doesn’t matter in what county they lived during the one-year residency requirement.

Choosing the Right Divorce Grounds

The grounds for divorce in the state of Encinitas CA include infidelity, inhumane treatment or domestic violence, abandonment, incarceration and insanity. Irretrievable breakdown is the only no-fault divorce ground available. A legal separation for one year also counts as a divorce ground.

Irretrievable breakdown requires the condition to exist for the last six months of the marriage. To claim incarceration, the defendant must be sentenced to at least three years. To claim abandonment, the petitioner must be unaware of the defendant’s whereabouts for one year. If the petitioner chooses infidelity, they cannot live with the defendant after these conditions begin.

All fault-based grounds require evidence. The petitioner must provide evidence as outlined in local divorce laws. The only exception is when the defendant swears under oath that these allegations are true.

Avoiding a Contested Divorce

Uncontested divorces are achieved by finding a solution that is appropriate for both parties. The petitioner is within their rights to create the terms for their divorce. However, if the defendant contests the divorce, they may need modifications to avoid a divorce trial. A trial could take an average of two years to complete.

United State courts follow strict guidelines for divorce petitions. The petitioner or their spouse must live in the state for one year before they can file a motion. Both parties must agree to the terms of the divorce including the grounds. Residents who need assistance with these guidelines should hire divorce law attorneys in Encinitas CA. For more updates, visit our website.

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