Dissolution of Marriage (Divorce)
The State of California was the first state to implement what is called “no fault divorce”. That means that a dissolution of marriage can be granted if a court finds that the marriage has broken down due to “irreconcilable differences”. This allows one married person to sue for divorce and be granted one even if the other person in the marriage disagrees. That has made getting a divorce or dissolution of marriage much easier in California and in all the other jurisdictions which have enacted such laws.
To get a dissolution of marriage your first step should be to consult with an experienced California divorce attorney. They will help you draft a divorce petition which is then served to your spouse. Your spouse then has thirty days to file a response to the divorce petition. After that there is normally a request for a temporary order that will deal with temporary child custody and support issues.
The next step in the process is a discovery process where the attorneys for both sides submit oral and written presentations and ask each party questions about income, property and assets. It may or may not involve direct testimony by both of the parties. Once this has been completed the parties and their attorneys will normally discuss a possible settlement. If an agreement is reached, the attorneys will prepare a Marital Settlement Agreement for both sides to sign and present to the court.
If there is no agreement the judge may recommend mediation in an attempt to resolve the outstanding issues, or the case may proceed directly to trial. Following the trial, the judge will order the attorneys to prepare a Judgment of Dissolution of Marriage that contains all of the court’s orders. This judgment is then filed with the court and the court mails a Notice of Entry of Judgment to each attorney.
In order to get a dissolution of marriage in California one of the spouses must have been resident of the state for a continuous six months and of the county for a continuous three months prior to the filing of the petition.
A marriage or domestic arrangement may also be dissolved by an annulment. Click here to learn more about annulments.
If you have questions about a divorce petition, dissolution of marriage, or an annulment, please contact our California family law attorneys today! We can help advise you regarding the process and guide you every step of the way. We will vigorously represent and defend your best interests, while working to secure a binding agreement that protects your rights.
Please contact us online or call us at 1-888-3632.
Related Information
Community Property in California
Separate Property Rights
Property Settlements
Pre-marital Agreements (Pre-nuptial)
Post-marital Agreements (Post-nuptial)
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