How long do I have to live in California to be able to file for divorce?
California will have jurisdiction as long as one of the parties have been a resident in California for at least six months and a resident of the county in which the divorce is to be filed for at least three months prior to the filing of your Petition for Dissolution of Marriage.
What Court do I file my divorce in?
The Superior Court located in the county in which you, your husband, or any minor child(ren) resides has jurisdiction over your dissolution action. If you live in Los Angeles County you may also have the option to file in the Central District located in downtown LA.
What are the reasons I may file for divorce?
There are only two. Dissolution of marriage actions are based on (1) irreconcilable differences or (2) incurable insanity. California is a no fault state.
What are the reasons for getting my marriage annulled?
There are five. Nullity of voidable marriage is based on (1) Petitioner’s age at time of marriage; (2) prior existing marriage; (3) unsound mind; (4) fraud; (5) force; (6) physical incapacity.
What is the difference between getting a Legal Separation as opposed to a Divorce?
The grounds to obtain a Legal Separation are the same as a Divorce. The primary difference between a legal separation and a divorce is that while they both resolve property, debts, custody, support, visitation, and other marital issues, you are still legally married to your spouse at the end of the process. One of the common reasons to request a Legal Separation is to maintain insurance coverage for a spouse.
If I file for Legal Separation and my husband wants a divorce, what happens?
If one spouse requests a legal separation, the other spouse has the absolute right to request a divorce.
When is the soonest I can be divorced?
Six months from the date the Summons and Petition for Dissolution is served on your spouse. But it is not automatic. Judgment for Dissolution of Marriage must be filed.
What happens after I file for divorce?
After you file for divorce, your spouse must be personally served with the Summons and the Petition for Dissolution. You cannot do this yourself. Anyone over the age of 18 and not a party to the action can serve these documents. Your spouse will have thirty (30) days to file a Response to the Petition indicating any areas of disagreement, which the Court must resolve. If the Response is not filed and served within 30 days, then you can request the Court to take your spouse’s default and proceed without any input from the other party.
What does Default mean?
When a default is taken it means that the spouse has not filed their response to the divorce within the time allowed and you can decide to request the Court to a default against your spouse and grant the relief requested in your Petition. The effect of taking your spouses default means that your (the petitioner) will generally receive everything you are asking for.
What if my spouse contests the divorce?
If your spouse files a response they are probably going to claim the opposite that your are claiming. Because your spouse files a Response, this does not mean an agreement can’t be reached on some issues and for the Court to resolve other issues despite the fact that a response has been filed. Those issues that cannot be resolved by agreement will go to trial.
What do I need to obtain a Court Order so that my children remain with me?
Temporary orders can be requested to maintain the status quo or requests for custody, visitation, support or some form of restraining order. Unless there is an emergency, such orders usually take about forty-five days to be heard by the Court.
What if my spouse threatens me?
If emergency orders are requested, the matter can be placed before the Court within 24 hours. Orders that are based upon an emergency are called “exparte”orders. These types of orders are generally based on a showing of great and irreparable harm or the need to maintain the status quo. If emergency orders are granted they will be based upon declarations and testimony is not taken. A second hearing will be set and heard within 21 days of the request for exparte relief.
Am I protected from my spouse taking control of all our assets?
Once the divorce is filed and served, several court orders take effect immediately. These orders restrict both parties from performing a number of actions during the pendency of the divorce. These orders are called ATRO’S; Automatic Temporary Restraining Orders. The most important of these orders stops the parties from canceling insurance policies, changing beneficiaries on insurance policies, disposing of property and removing children from the state.
What happens if custody is disputed?
The Courts generally prefer to rely on expert testimony when making custody orders. The Court may order a 730 Evaluation. In a 730 Evaluation, a mental health care professional conducts a battery of tests on the parties, conducts interviews with both parents, children, and collateral witnesses. The expert may also draw on other confidential information and sources to assist them. The evaluator will generate a report with his recommendations as to who shall have primary custodial care among other things. The report can be ordered by the Court or agreed to between the parties, many custody disputes are resolved in conjunction with the recommendations made by the expert.
Does my child(ren) need their own attorney?
The Court may appoint an attorney to represent the child. This is helpful if a child has a preference to live with a particular parent or in cases where the parents’ positions may be in conflict with the best interests of the child. Whenever custody is in issue, it requires a critical and serious analysis of the facts. If you decide to litigate custody you must be willing to invest your time and financial resources.
How much does a 730 Evaluation cost?
The cost can be any where from $1,000.00 to $8,000.00.
Am I entitled to receive child and spousal support? How much can I receive?
Yes. Establishing income is critical. Incomes of both parties are used in calculating support includes wages, bonus, overtime, social security, disability payments, rents and royalties. Timeshare is the amount of time that the non-custodial parent has the child or children with them. Timeshare is an extremely important factor when calculating support. Other deductions and add-ons may also be used. The statewide guideline program used by the Courts in determining the amount of child support one pays is called “DissoMaster”. If a spouse is not working, suddenly quits working or cuts back on their income in anticipation of a court hearing, the Court has the power to impute income to that person. The primary purpose of spousal support is designed to help a spouse maintain the standard of living enjoyed during the marriage and to help them make a transition from living together as a couple to being self supporting. Other factors include the ability of a spouse to pay support and the duration of the marriage.
If I file for modification of child support, will the Court consider my new spouse’s income when calculating support?
The Court in establishing child or spousal support does generally not consider the income of a new spouse or a new mate.
How can the District Attorney help me?
The District Attorney serves to the collect support. The District Attorney can commence a new action for parentage and collect support in welfare and non-welfare cases, collect current support welfare and non-welfare support, enforce out of state support awards, file criminal contempt and other criminal charges for the nonpayment of support; recover support from pensions, disability payments and workers compensation awards; attach assets; intercept tax refunds; obtain wage assignments; suspend drivers licenses and other professional licenses and discover reported income through the Employment Development Department. The District Attorney cannot, however, take any action regarding custody and visitation issues.
Do I need an attorney to get divorced?
No. I strongly urge you to seek legal advice before proceeding. My advice would be to schedule a consultation with an attorney and find out what your rights are.
How are legal fees paid to the attorney?
You are billed on an hourly basis. This means that all time (phone calls, court appearances, research, etc.) spent on your case is tracked and then used to calculate the total fees due. A retainer (advance payment for services to be rendered) prior to the commencement of our services. The amount of the retainer will be based on the complexity of your case and the need for immediate action. Each case is different and only the attorney can quote the retainer fee during the consultation. When the retainer has been used up, billing is generated monthly and payment on monthly billing will be due unless a payment schedule can be worked out.
Can you tell me what the total legal fees will be from beginning to end?
It is usually very difficult to predict what the total fees will be; There are many factors that effect litigation…Your spouse and their attorney, you attorney, the issues, how aggressive you want your case litigated and the down time in court waiting for court rooms to hear your case, and custody is disputed.
What do I need to do if it is not working out between my live-in boyfriend and we have a child together?
You need to file a Paternity action or more appropriately called “Complaint to Establish A Parent Child Relationship”. The purpose is to establish parental rights and responsibilities between a parent and their child(ren). Such actions can be brought by the district attorney or by either parent.
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