Divorce Legal Separation

There are two kinds of divorce procedures in California, a REGULAR DIVORCE and a SIMPLE DIVORCE.

A REGULAR DIVORCE is also known as a regular dissolution. One spouse must be a resident of California for at least 6 months, and of the county where they are filing for at least 3 months. At the end of a minimum 6 month waiting period, the husband and wife will no longer be married, providing the proper papers have been filed with the court. The court will make orders dividing the marital property, provide for custody, visitation and support of children, and, if appropriate, also issue orders for spousal support (alimony).

A SIMPLE DIVORCE is also called a summary dissolution. A simple divorce is designed for people married less than 5 years prior to the date of filing; have no children and the wife is not pregnant; neither party has an interest in any real property, except for automobiles; less than $5000 in debt was incurred during the marriage; community property is valued at less than $25000, not including automobiles; neither party has separate assets, excluding automobiles, in excess of $25000 and both parties are willing to sign a joint petition. Either divorce procedure takes a minimum of 6 months to be finalized.

COMMON DIVORCE QUESTIONS

  Divorce is the legal termination of a marriage. In some states, such as California, divorce is called dissolution. The following are questions we are often asked. With the help of Nolo Press, the well-known self-help legal publishing company, below are some answers.  What exactly is a “no-fault” divorce? No-fault divorce describes any divorce where the spouse suing for divorce does not have to prove that the other spouse did something wrong, To get a no-fault divorce, one spouse must simply state a reason recognized by the state, In California, it’s enough to declare that the couple cannot get along such as “incompatibility” or “Irreconcilable differences”. Can a spouse successfully prevent a court from granting a divorce? One spouse cannot stop a no-fault divorce. Objecting to the other spouse’s request for divorce is itself an irreconcilable difference that would justify the divorce. Do you have to live in a state to get a divorce there? Yes. All states require a spouse to be a resident of the state, often for at least six months, as is the case in California. How is property divided in a divorce? It is common for a divorcing couple to decide about dividing their property and debts themselves, rather than leave it to the judge. But if a couple cannot agree, they may submit their property dispute to the court, which will use state law to divide their property.