FAQ: Divorce & Family Law
Get Answers to Your Questions About Family Law Matter
What is Dissolution of Marriage’
In California, a dissolution of marriage is what is most commonly referred to as a divorce. It is the legal process of terminating a marriage, including matters relating to child custody, child and spousal support, property division, and more.
What Does It Mean To Have A “Pro Se Divorce?”
“Pro se” is a Latin phrase meaning “for oneself.” In California, you are not required to hire an attorney to represent you in divorce court. Unfortunately, divorce cases are rarely straightforward, and if you chose to present yourself, you could be putting yourself at a severe disadvantage. Given the complexities that accompany these types of cases, it is rarely (if ever) a good idea to go without the counsel of an experienced divorce attorney.
Does Misconduct By Either Spouse Play A Role In the Final Judgement of the Court?
The short answer is maybe. Even though California is a “no-fault” divorce state, the Court may consider evidence of domestic violence when determining a judgment on custody determination or spousal support. Additionally, California law allows the Court can consider misappropriation of assets when determining a property award.
What Are The Requirements For Filing a Petition for Dissolution of Marriage?
Locality is really the only major requirement. In order for you to file for a dissolution of marriage in California, at least one of the parties must have lived in the state for at least 6 months. Additionally, they must have lived for 3 months in the specific county they are filing.
What Factors Must Be Met In Order to Dissolve a Marriage By Summary Dissolution Procedure
There are several factors that must be met in order to dissolve by a summary dissolution procedure. It’s important to note that ALL the factors must be meet in order to comply with this method. These factors include:
- Both parties must agree that the marriage needs to be dissolved
- Waived rights to spousal support
- Community assets are less than the statutory amount
- At least one of the parties meets the residency requirements
- There were no large debts incurred during the marriage
- There is no interest in real property
- The marriage lasted no more than 5 years to the date the petition was filed
- Waived right to appeal or modify
- There are no children involved
- Signed agreement dividing community assets and liabilities