In California, there are 3 ways to end marriage or a registered domestic partnership:
– Legal separation, and
The difference between legal separation and divorce is that while in divorce marriage ends, in legal separation it is freezed; meaning that the couples live apart and are not responsible for their spouse’s debts. Legal separation often takes place when spouses are considering a divorce, but they also want to learn more about how their separation will affect their lives. This helps them decide, whether or not divorce is the right decision for them. The nullity means that the spouses marriage was illegal.
It is not necessary for both spouses or domestic partners to agree to dissolve the relationship for it to end. If one party refuses to participate, the other party will still be able to obtain a divorce.
In California, neither of the spouses has to prove the fault of the other to end their marriage. Instead, one of them may file for divorce based on irreconsilable differences. Also it is possible to divorce if one of the spouse’s is incurably insane; but in this case there needs to be sufficient amount of proof.
What is a summary dissolution?
If a couple has been married for less than five years and they do not have children or own real estate, and have relatively limited property and debts, they may file for a summary dissolution; by agreeing that neither of them will ever receive spousal support.
What are residency requirements for filing to dissolve your marriage or domestic partnership?
In order to request for dissolution, one of the spouses has to have been:
– A resident of California for at least a continuous period of six months,
– A resident of the county for at least 3 consecutive months.
The divorce process will take no less than 6 month to be finalized.
What kind of particularities does the process for getting a divorce in California have?
Divorce process in California requires the following steps:
1. After one of the spouses files for divorce, the other spouse has no more than thirty days to respond. One of spouses can alway request a court hearing.
2. The next step is making the discovery, where documents and other information concerning the divorce are exchanged to prepare the Preliminary Declaration of Disclosure. In this form, the couple lists to separate their properties. Each spouse also must exchange income and expense declarations.
3. When the discovery is complete, the spouses and their attorneys discuss settlement for the case; and when they reach an agreement, the parties prepare a Marital Settlement Agreement which lists all that was agreed upon. If the parties disagree and decide not to settle, then they go to trial.
What If the Parties the Marital Settlement Agreement?
When the parties sign the Marital Settlement Agreement or if the trial has concluded, one of the attorneys has to prepare a Judgment of Dissolution of Marriage. The document contains all of the court’s orders. While the judgment is filed, each attorney receives a Notice of Entry of Judgment.
How to Avoid Stress During Your Divorce?
Family Law conflicts can create a great amount of stress. The last thing our client needs is additional stress. The process of resolving family matters can become a hassle. Thus, our lawyers, at the Margarian Law Firm will provide you with the legal assistance you need.
Do NOT DELAY! Contact us today so our experienced lawyers can start preparing for your family’s security. Get your initial consulation for FREE.
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