Divorce or Dissolution in California
- Author Gerald A Maggio
- Published April 8, 2010
- Word count 627
To file for a divorce or dissolution, you need to speak to a skilled Orange County divorce attorney to understand that California is a no fault state, and what this means.
One of the first questions many divorce attorneys get in California is usually, "What are the grounds for divorce?" The first thing those seeking to end their marriage need to know is that California is a no fault state and divorce is more often than not referred to as dissolution. In addition, since this is a no fault state, this means the courts don’t look at which party is at fault when they need to make a decision about issues such as support and the division of community property.
Be aware as well that there are some residency requirements that must be met by both of the parties to the dissolution. For example, either you or your spouse must have lived here for the last six months and you "must" live in the county in which you will be filing for dissolution for the last three months. On the other hand, if you meet the "living in California for six months" criteria, but have lived in different counties for at least three months, then you may file in either county.
It’s usually a smart thing to do to speak with a qualified Orange County divorce attorney to find out what your rights are when you file for dissolution and how to go about it. Representing yourself in situations like this is not a good idea, as there are a number of pitfalls – for example the division of community property – that may wind up to be a highly contentious issue. Without the expert assistance of an Orange County attorney, flying solo may land you in a great deal of hot water.
If you still wish to proceed with your dissolution, generally speaking, you must have your attorney file and serve a petition and summons with the courts prior to having it served on your spouse. This means that you become the petitioner and your spouse the respondent. If you have children you will need to ask your Orange County divorce attorney about filing a UCCJEA declaration relating to your children of your marriage.
If you happen to be served with a petition and summons and didn’t see it coming or don’t know what to do with it, contact a highly reputable Orange Country divorce attorney who will explain the process and what you need to do. Generally speaking as a respondent, there will be 30 days to file and have a response served. If you wait too long to speak to an attorney, and your response is not filed, the person who filed the papers (the petitioner) may ask for a default judgment.
Another thing you will need to know is that if you have been served with a petition and summons, the date when they were served on you is when the clock starts ticking for the earliest time for you to get a judgment of dissolution or divorce. Put another way, neither of the parties is considered to be divorced any "earlier" than 6 months after the date when the papers were served.
Many people do not realize that the summons has an automatic restraining order attached to it and that it applies to "both" parties. If either one of you violate the restraining order, you run the risk of being held in contempt of court.
There are many other issues that couples contemplating a dissolution need to know (division of community property, spousal support, etc.) before they make their final decision to proceed or not. It’s vital in instances like this to discuss your rights with an Orange County divorce attorney.
Gerald A. Maggio is an [Orange
County divorce attorney](http://www.maggiolawfirm.com), in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio visit Maggiolawfirm.com.Article source: http://articlebiz.com
There are no posted comments.
- What is a C100 Child Arrangements Form and When Do I need One?
- Co-Parenting After Divorce: 3 Benefits for Your Family
- Divorce and Children During the Holidays
- What Factors Determine the Type and Amount of Alimony in Florida?
- Divorce Lawyer in Spring TX
- Spousal Maintenance and A Huge Mistake
- Top 6 Uncovered Branches under Family Law Fort Worth You Must Know
- Fort Worth’s Divorces are Painful, But It Gets Adjusted Overtime
- Navigating the Difficulties of a Divorce
- Contemplating a Divorce? Why You Need a Divorce Lawyers
- Advantages Of Being The First To Meet With A Divorce Lawyer
- Divorce Costs: The Cost Of Revenge
- Family Violence More Likely To Occur In Homes With Kids
- Divorce Property Settlement Myths
- Cross Divorces In Cyprus
- Maintenance After Divorce In Cyprus
- Help Save My Marriage: How to save your marriage when it’s only you making attempts to see it last
- Unexpected Upsides to My Parents Divorce
- Child Custody and Religion During a Divorce
- The Why and How about a Prenuptial Agreement?
- Ex-Spouse Filing For Bankruptcy? How This Affects Child Support
- A Guide To Choose The Right Divorce Lawyer
- Having Trouble Collecting Child Support From Your Ex-Spouse?
- Disconnecting From Your Spouse Online
- How Social Media Is Used In Divorce Proceedings
- Family Law: Dealing with the Stress of Divorce
- Child Custody: Grandparents Vs. Parents
- Moving Out of Michigan, Childhood Obesity and Custody
- How to Come Out Of Your Divorce With the Best Overall Outcome
- Fathers’ Custody Rights Matter