Filing a divorce in Ventura can be difficult it is better to know important things to keep your legal process smooth. In this article we have discussed important things to keep in mind while filing a divorce in Ventura county.
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What Are the Residency Requirements to File for Divorce in Ventura?
You or your spouse must be a resident of the state of Ventura for at least six months and must be a resident for at least three months in the county where you are going to file for divorce, except in the case of marriages of the same sex.
Same-sex spouses can obtain an order of divorce, annulment, or legal separation, even if neither of them is a Ventura resident at the time of the legal process if:
- The marriage took place in California, and
- Neither spouse lives in a state where the marriage is dissolved (If the state does not recognize the marriage, the state is not supposed to dissolve it).
In this case, the spouse of the same sex can file for divorce in the superior court of the county where the marriage took place.
What Are the Grounds (Reasons) For Divorce in Ventura?
You can file for divorce or legal separation in Ventura based on one of the following grounds (reasons):
- Irreconcilable differences, which have caused the divorce.
- Permanent legal inability to make decisions
Can I Get Spousal Support? What factors will a judge consider?
Ex-spousal support is financial support paid to, or by, your spouse. The goal of ex-spousal support in Ventura is to make it possible for the party receiving it to support himself / herself for a reasonable period of time.
For marriages that lasted less than 10 years, a “reasonable period” is considered to be half the length of the marriage. 1 But this does not limit the judge and may order support for more or less time.
The judge will consider certain factors to determine a fair amount to award. These factors include but are not limited to:
The extent to which your and your spouse’s income is sufficient to maintain the standard of living established during the marriage, while also considering
- The marketable skills you have
- The job market for those skills
- The time and money required for you to obtain the education or training necessary to develop those skills
- The possible need for more training or education to obtain more marketable skills; and
- The extent to which your potential current or future income has been limited by periods of unemployment during the marriage to care for the home
- What you contributed so that your spouse could obtain an education, training, career position or license
- The spouse’s ability to pay ex-spousal support, taking into account your potential income, your earned and unearned income, your assets and standard of living
- Your needs and those of your spouse according to the standard of living established during the marriage
- Your obligations and assets and those of your spouse, including non-marital property
- The duration of the marriage
- Their ability to work without interfering with the interests of the children in their custody
- The health and age of you and your spouse
- The immediate and specific tax consequences for you and your spouse
- The difficulties you and your spouse face
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Documented Agreement
Any documented evidence of domestic violence committed between the parties or by a party against one of their children.
- An allegation of “nolo contendere”
- Emotional distress as a result of violence committed against you (the person receiving ex-spousal support) by your spouse
- The history of violence that you (the person receiving ex-spousal support) committed against your spouse (the person paying ex-spousal support)
- Issuance of order of protection under the section of law after hearing
- A determination (finding) by a judge in a divorce, separation, custody or domestic violence protective order proceeding, that a spouse committed domestic violence
- Any other factor that the judge determines to be fair
Note: If the person requesting ex-spousal support has been found guilty by a criminal court of a misdemeanor of domestic violence, a felony of domestic violence, or a felony sexual offense against his / her spouse, it will affect the The judge grants or does not support ex-spouse. For more information, see If my husband has been convicted of abuse against me, can I be obliged to pay him support? What if I have been convicted of mistreating my partner but I am the real victim?
What Are the Basic Steps to Get a Divorce in Ventura?
Although divorce laws change by state, we provide you with the basic steps to obtaining a divorce:
- First, you need to meet the residency requirements in the state in which you want to file for divorce.
- Second, you must have “grounds” (a legally valid reason) for ending your marriage.
- Third, you must fill out the divorce petition and send copies of the papers to your spouse.
- Fourth, if your spouse does not agree with any of the above in the divorce papers; he / she will have the opportunity to fill out his / her own petition. And thus have the opportunity to present the papers from his / her point of view. If he / she disputes it, then you will have to appear in court a number of times to resolve the objections. If your spouse has no objection, then they should sign the papers and send them back to you. Also, if after a while your spouse has not signed any papers or requested anything regarding the divorce; you may be able to proceed with the divorce process as an uncontested divorce.
- Fifth, the division of property or any financial support for your wife then you will have to fix these details; through an out-of-court agreement or through a series of court hearings.
Hope this article helps you to understand the important things to keep in mind while filing a divorce case in Ventura.
See Also >>>> https://wizarticle.com/major-aspects-of-family-law-in-california/