Dissolution of Marriage

It takes at least six months from the earlier of (a) the date the Summons and Petition are served on the Respondent or (b) the date of appearance of the Respondent.

Sometimes, both parties agree to all the terms of the divorce before the expiration of six months waiting period. In this case, the parties can settle their case and have a divorce judgment before the six months expire, but they will not be divorced until six months had run.

If you have been served with divorce paperwork, you have 30 days to file a Response with the court. A Response is a document, which tells the court that you are interested in the outcome of the divorce proceedings, that you wish to be notified of any court date, and that you will be participating in the divorce process by appearing in court to help the judge make decisions.

If a Response is not filed, the matter is decided by default. This means that the court decides the outcome of the case based upon only one side’s versions of the facts. Therefore, when there is property or children involved, it is very important to file a Response.

There are several differences between a legal separation and a divorce. To list a few:

• The main difference is that a judgment of legal separation does not terminate marital status (i.e., neither party can enter into a new marriage until the existing marriage is dissolved by death of the other party or by a judgment of dissolution.) Most of the time, the parties obtain legal separation when the spouses do not want to live together but cannot divorce for religious or personal reasons. For example, one of the parties has a preexisting medical condition (for which new coverage would not be available) and wants to retain eligibility for medical insurance available through the other spouse’s.
• There is no waiting period in a legal separation.
• Both spouses have to agree to a legal separation (i.e., if one spouse wants a separation, but the other spouse wants a divorce, legal separation may not be granted.)

Yes, you can. However, the residence requirements must be satisfied. In order to file for dissolution of marriage, at least one spouse must have lived in California for at least six months and in the county where the Petition is filed for at least three months. If you just moved into this state and want to get a divorce as soon as possible, please contact our California divorce attorney, as there are some legal ways to “get around” these residence requirements.

An Order to Show Cause is an appointment to see the judge. It is obtained by filing paperwork with the court. In the paperwork, you ask for specific, temporary relief, which will be good until the trial or next court order. Usually, the relief is for child custody, visitation, child support, or spousal support. At the court hearing, the judge will decide whether he/she will give you temporary relief that you requested.