No one enters into marriage thinking that the relationship will end. However, it happens far more often than most people would think. Dissolution of marriage, more commonly known as a divorce, terminates the spouses’ marriage and resolves all issues between the parties.
Divorce involves a number of factors, including:
There are only two legal grounds in which the California courts will grant a dissolution of marriage. The first is permanent legal incapacity to make decisions, which must be proven. The more common grounds for dissolution is that there are irreconcilable differences between the parties and the marriage cannot be saved.
Divorces in California are not always quick. One of the time frames that must be met in California is the residency requirement.
In order to file for dissolution in California, at least one of the parties must reside in the state of California for at least six months immediately prior to filing. You then are permitted to file for dissolution in the county in which you have lived for the previous three months – in your case, likely Placer County.
You can’t file for divorce if you don’t meet the residency requirements for a divorce in California. Instead, you can file a petition for a legal separation. Once you have lived in the area long enough to meet both residency requirements, you can amend the petition to seek a divorce.
Same-sex marriages are a bit tricky if the partners don’t live in California but got married in California. In that case, California will accept divorce petitions in certain circumstances. One of the criteria is that the state in which you live now doesn’t dissolve same-sex marriages. If you live in a state that won’t end your marriage, you can file a divorce petition in the county in which you were married. Even then, the court is limited as to what it can order as part of the divorce settlement.
Filing for dissolution is simply the first step. Often, mediation can be a good choice to resolve any issues that arise during this process. It takes a minimum of six months and one day from the date that you or your spouse is served with the summons and petition to the time the court can grant a judgment of dissolution. The attorneys at Cianci Law, PC are here to assist you through every stage of the process.
You may have many people who help you build success in your life—a financial planner, a business attorney, a coach, or a network of professional colleagues, for example. These individuals are integral to your personal and professional success. They guide you during decision-making times, they are your sounding board at business meetings, and sometimes you even learn from their mistakes.
As you begin the divorce process, our team at Cianci Law, PC can be brought into your network as trusted advisers to help you arrive at a successful divorce settlement agreement. We can alleviate many of your worries and take on your legal problems, allowing you to continue focusing on your professional career and your family.
Divorce can be a complex legal process, especially if you and your spouse have substantial differences regarding what you want out of the divorce or if one spouse is not being forthcoming regarding income or assets.
The end goal of divorce is a settlement agreement or judgment resolving issues such as:
While the divorce is pending, issues such as child custody, child support, and spousal support can be dealt with almost immediately through temporary court orders (called pendente lite) and various agreements. From the date of separation and continuing on through the divorce process, the spouses have certain fiduciary duties, or financial obligations, to disclose the valuation of assets, debts, and investment opportunities.
To file for divorce in Placer County, you will need to go to the Placer County Superior Court:
10820 Justice Center Drive,
Roseville, CA 95678
You can obtain all the necessary divorce forms on the Placer County Superior Court’s family court page, or pick up a divorce packet from the court clerk. You will then return to the courthouse to pay the filing fee and file your divorce papers.
In California, a court will only grant a divorce after at least six months have passed from the date the filing spouse served the respondent spouse with the divorce papers. However, if neither spouse can reach agreements on issues like spousal support, child custody, or property division, this divorce process can end up taking more extended time.
The court requires there to be a six month mandatory waiting period. This is to ensure each party is entirely sure they want to get divorced. Even if both spouses already agree to the terms of their divorce and all of the relevant paperwork is turned in, the divorce will not be finalized until those six months have passed.
In California, you must serve your divorce papers to the other party within 60 days of filing your Petition for Dissolution with the court. This must be accomplished either someone who is 18 or older and not involved in your divorce case – often a friend, family member, county sheriff, or professional process server.
You may believe that you do not need the assistance of an attorney if you and your spouse have agreed on the terms of your divorce. However, while some uncontested divorces are relatively straightforward, others are quite complicated, and there can also be serious consequences for failing to follow the correct procedures.
If you have any questions about whether your divorce would benefit from the involvement of a lawyer as a mediator or otherwise, we would be happy to provide you with honest advice about your options.
Contact us to speak with us about your divorce options. Call (916) 797-1575.
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