Need To Know About Divorce Laws
It is extremely important that you know your rights and responsibilities when deciding to end your marriage and proceed with divorce laws. You may have to go through the legal divorce process. Over 90% of divorces are contentious and are based on emotions.
During this process, you and your spouse should try your best to negotiate the terms of your separation not only based on emotions but in the context of your future and that of your family.
Once you have successfully gone through the process, a court or divorce attorney will review the application to dissolve your marriage first by checking for minor children and looking at their welfare. If you have completed all the steps, and it is still not resolved, you will enter a final divorce judgment process.
California Family Code §2300 explains that this final judgment “restores the parties to unmarried status.” Bottom line: Divorce annuls your marriage and remarries you again. When you are single, you will not be able to enjoy the benefits offered to married couples. Take help from a divorce attorney if you want to make your legal process smooth.
Ending a Same-Sex Marriage in California
Same-sex couples also have the right to dissolve the legal relationship. If you are considering sending your same-sex marriage, it is important that you contact a divorce attorney. Divorce, regardless of the makeup of your marriage, can be a complicated process.
Jurisdiction and Residency Requirements in a California Divorce
If you want to get divorced, you will need to meet the state residency requirements and divorce attorney. This refers to the physical ties you must have to the state and county in which the divorce is being sought. To obtain a divorce in Los Angeles, you must meet the requirements of Family Code §2320:
- Must be a California Resident: 6 months prior to the petition
- Los Angeles County Resident: 3 months prior to the petition
Only one spouse must meet these residency requirements. Residency requirements for same-sex couples Same-sex couples who wish to separate the rules may be slightly different. In most cases, a person must have been married in the state of California. If you live in a different state, California can only end your marriage if your current state refuses to do so.
Waiting Period for Divorce Proceedings
It is important to understand that your divorce will not happen overnight. Family Code §2339 explains that you must wait a minimum of at least six months for your divorce to be finalized. The six-month time frame generally begins to run when the non-filing spouse has received the divorce papers.
Grounds for Divorce Proceeding in California
The State of California is what is known as a “no-fault” divorce state. This means that the spouses can divorce without pointing fingers and blaming the other for ending the marriage. One benefit of this is that it can help spouses approach to divorce in a friendlier way.
Although most of the time people make it emotionally based on the environment of the marriage and the circumstances of the separation.
Most of the time it is important to work together with a divorce attorney to reach a common sense and conscientious resolution together to negotiate terms and conditions fairly without bad feelings and without malice for the other person.
What Are the Major Reasons for Getting a Divorce If Proof of Fault Is Not Required?
There are two main reasons for divorce:
- Irreconcilable Differences
- Incurable Madness.
Irreconcilable Differences in a Divorce: This simply means that there are differences between the two spouses and that they will not change over the course of the marriage with a divorce attorney.
Divorce Incurable Insanity: Divorce can be granted if a spouse suffers from a mental condition that cannot be cured. You will have to prove that the mental condition exists and that the spouse will not recover.
Scope of Divorce Proceedings in California
Getting a divorce involves a lot more than deciding that you and your spouse no longer want to be together. Before your divorce can be finalized, you will need to agree on the terms of your separation. Issues that can be decided during your divorce include:
- Property division
- Child custody
- Child support
- Alimony obligations
In Los Angeles County California, the process formally begins with one party, called the petitioner, who files the appropriate forms in court. Next, the other spouse must be officially served with the court papers. The person receiving the service is called the respondent. The respondent has to decide whether to submit an answer. Any response must be filed within a month of receipt of the respondent by the applicant.
If a person plans to get a divorce, he or she may be eligible for summary dissolution. A summary dissolution is available for marriages and domestic partners that have lasted less than five years if certain requirements are met.
This allows a person to maintain as much control as possible over the future.
There are certain practices by divorce attorneys that can help people and their spouses make mutually acceptable decisions. When used correctly, these practices can save money and will keep important decisions in your own hands.
Divorce Mediation
If you and your spouse are not far from agreeing on the terms of a divorce, mediation can be a useful tool. Mediation draws on the expertise of a neutral third party. This allows you to solve problems and move towards solutions.
At the end of the mediation, the divorce attorney draws up a contract that will reflect the decisions made. Once signed by both spouses, the contract becomes binding.
Joint Divorce Case
A collective divorce is like mediation. However, it requires both spouses to be represented by lawyers throughout the process. By agreeing to a joint divorce, you agree to resolve your problems outside the court system.
If for some reason, the joint divorce is not successful, California Divorce Laws: What Important Things You Need to Know will have to start over. In fact, you will have to find a new experienced divorce attorney and start from scratch.
What Is Divorce Arbitration?
Arbitration can be described as a private proceeding taking place outside the courtroom. Unlike mediation and joint divorce, you give up the right to make divorce decisions. Instead, a neutral third party known as the arbiter listens to your arguments. They believe that facts make decisions on their behalf.
Alternatives to Divorce in California
There are actually three ways to completely end a California marriage: dissolution, annulment, and divorce. There are times when divorce is not the best solution for your particular situation.
Divorce: Divorce refers to a divorce procedure. When your divorce is final, you will be reinstated as one person in the state.
Cancellation: A cancellation is a tool that allows spouses to avoid lengthy and costly divorce proceedings. In the event of a divorce, the marriage is invalidated. In fact, it seems that there was no marriage at all. There are very limited scenarios in which an override can be provided.
Separation: If you are unsure if you want a divorce and want to be separated from your spouse, but with the benefits of marriage, you should consider legal separation and hire a good divorce attorney. Breaking up is often the first step to divorce.
Hope this article helps you to know about divorce laws in California. Hire a divorce attorney for legal help!
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