Identifying Important Factors for a Divorce with Family Law Attorneys in Temecula

by | Apr 21, 2016 | Lawyers

In California, all petitioners must complete all prerequisites for their divorce proceedings. These prerequisites apply to residency and vital evidence needed to prove their claim against their spouse. Family law attorneys in Temecula help these petitioners by explaining the requirements for these proceedings.

Residency Requirements for a Divorce

To submit a divorce motion in the state of California, all petitioners must establish residency first. By proving that they are California legal residents, the state can take jurisdiction over the case. The petitioner must become a resident and remain in the state for a period of sixty days before filing the motion.

Reviewing Possible Divorce Grounds

The possible divorce grounds begin an irretrievable breakdown. This no-fault ground indicates that the petitioner and their spouse were equally responsible for the demise of their marriage. This is the most commonly-used ground for divorces in the state.

Proving Adultery in California

As a condition of a prenuptial agreement, a petitioner may secure a larger portion of the marital assets if their spouse is unfaithful. However, to prove adultery in the state, they must provide clear evidence. This evidence can include photographs, telephone records and electronic messages showing a romantic relationship with another individual who isn’t the spouse. The spouse cannot utilize a false name or telephone number or present false evidence to support their claim.

When the Petitioner Was Abandoned

If the petitioner’s spouse abandoned them, they must present evidence of a separation for at least one year. If they are unaware of their spouse’s whereabouts, they must utilize service by the public. This allows the attorney to place an ad in the local newspaper to inform their spouse of the upcoming divorce proceedings.

In California, petitioners must follow strict rules to achieve a divorce. These rules indicate the duration of time needed to establish residency and the evidence needed to support any claim made by the petitioner. This includes evidence to support divorce grounds. Petitioners who need to hire family law attorneys in Temecula should contact the Law Office of Michelle Penna or visit the website for further details.

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