Divorce is also called dissolution of marriage. It is the termination of a marriage or domestic partnership. 

In order to file for divorce in your county, you or your spouse must have lived in California for at least six months and in your county for at least three months before filing the petition. This is a jurisdictional requirement. If  neither you nor your spouse have  lived in California or your county for the required amount of time, you can initially file for legal separation, and later convert the case to a divorce case after you or your spouse meet the residency period requirement.

California is a no-fault divorce jurisdiction. This means that it does not matter who is at fault in causing the breakdown of the marriage. There is no need to prove that either of the divorcing couple was at fault because ‘fault’ has no bearing to the division of marital property, child custody and support, or spousal support.  In California the two permissible grounds for dissolution of marriage are (1) irreconcilable differences, and (2) incurable insanity. Virtually all divorces in California are granted on the ground of irreconcilable differences. All that is necessary to establish the ground of irreconcilable differences is the statement of either spouse that the marital relationship has broken down irremediably. The mere allegation by one party that irreconcilable differences have arisen and have lead to the irreparable breakdown of the marriage is sufficient for granting a divorce, even if the other party disagrees. The courts will not inquire into facts. Divorce on the ground of incurable insanity is very rare because it requires medical proof that one spouse was insane when the petition was filed, and remains incurably insane. The ultimate end result of a judgment of dissolution of marriage is the restoration of the parties to the status of single persons. After the effective date of termination of marital status, each party is free to remarry. Other issues that are typically adjudicated by the courts in dissolution of marriage proceedings include the issue of division of marital assets and debts, the issue of  custody, visitation and support of minor children born or adopted by the parties, and the issue of spousal support.   

A divorce case can be either an ‘uncontested’ case or ‘contested’ case. 

Uncontested divorce

A divorce is ‘uncontested’ if the two parties are able to come to a mutual and voluntary agreement about the disposition of their property and the resolution of issues concerning their children and support. If the parties present the court with a written agreement in proper form regarding the disposition of their property and spousal support issues, the court usually will accept and incorporate such an agreement into the divorce judgment, provided that the court finds that each party has made a full and honest disclosure to the other party of their assets, debts, income and expenses, and that the agreement is mutual, voluntary, and free of coercion and duress. However the court is not required to accept, adopt or incorporate any portion of an agreement between the parties that deals with the custody and support of the parties’ minor children, because the court is required to look out for the safety and welfare of minor children.   

Contested divorce

Contested divorce mean that the two parties cannot come to an agreement on one or more issues (such as how to split property, how to deal with the custody and support of their children, or whether one party should pay spousal support to the other or how much support should be paid), and that the issues must be heard by a judge at trial. Contested cases are more expensive than uncontested cases because each party usually will have to hire and pay an attorney to prepare and present their case. Litigation in contested cases usually takes longer to conclude than uncontested cases.    

Summary divorce

Summary dissolution of marriage is a simple and inexpensive type of divorce that is available in California. To qualify to file for summary dissolution of marriage, both spouses have to jointly petition for it, and the following eligibility requirements must be satisfied.  

• You have been married for five years or less;
• You have no children (born or adopted) from the relationship;
• Neither of you own a home or other real estate;
• The value of all community property amounts to less than $25,000, excluding      automobiles;
• The value of either party's separate property amounts to less than $25,000, excluding automobiles;
• Your combined debt does not exceed $4,000, except for an auto loan; and
• Both of you must waive spousal support.

If you wish to file for or to respond to a petition for dissolution of marriage, call the attorneys at  Ihejirika Law Corporation to discuss your case. Don’t procrastinate. Call (877) 472-6013, (916) 972-8774, or (916) 972-8779, and speak today with an attorney. Don’t delay. Call now.  

A judgment of legal separation is a judicial pronouncement of legal separation of the parties. Following the entry of a judgment of legal separation, the income, assets and debts acquired by each spouse is deemed and treated as the separate income, asset or debt of that party.  No residency period is required. You or your spouse merely need be residing in your county when the petition is filed. 

A judgment of legal separation does not restore the parties to the status of single persons. Rather the parties remain married to each other and neither is free to remarry. Nonetheless the court can adjudicate the issues of division of marital assets and debts, custody and support of minor children (born or adopted by the spouses), and spousal support. Legal separation may be appropriate when serious or irreconcilable differences have arisen resulting in the spouses deciding to separate from each other for a period of time while they attempt to resolve their differences; or where one or both spouses have religious, insurance, tax or other reasons for wanting a legal separation instead of dissolution of marriage. If you obtain a legal separation, you and your spouse will remain married, but the court can divide your property and issue orders relating to child custody, visitation, child support and spousal support, and, if necessary, a restraining order. In California the permissible grounds for legal separation are (1) irreconcilable differences, and (2) incurable insanity. Virtually all legal separations in California are granted on the ground of irreconcilable differences. All that is necessary to establish the ground of irreconcilable differences is to check the box on the petition form stating that irreconcilable differences have arisen. The courts will not inquire into facts. Legal separation on the ground of incurable insanity is very rare because it requires medical proof that one spouse was insane when the petition was filed, and remains incurably insane.   A legal separation case may be either an ‘uncontested’ case or a ‘contested’ case. 

Uncontested legal Separation

A legal separation case is ‘uncontested’ if the two parties are able to come to a mutual and voluntary agreement about the disposition of their property and the resolution of issues concerning their children and support. If the parties present the court with a written agreement in proper form regarding the disposition of their property and spousal support issues, the court usually will accept and incorporate such an agreement into the divorce judgment, provided that the court finds that each party has made a full and honest disclosure to the other party of their assets, debts, income and expenses, and that the agreement is mutual, voluntary, and free of coercion and duress. However the court is not required to accept, adopt or incorporate any portion of an agreement between the parties that deals with the custody and support of the parties’ minor children, because the court is required to look out for the safety and welfare of minor children. 

Contested legal separation

A contested legal separation is case where the parties both agree to the legal separation but do not agree on one or more issues (such as how to split property, how to deal with the custody and support of their children, or whether one party should pay spousal support to the other or how much support should be paid). The contested issue(s) must be heard and disposed of by a judge at trial. Contested cases are more expensive than uncontested cases because each party usually will have to hire and pay an attorney to prepare and present their case. Litigation in contested cases usually takes longer to conclude than uncontested cases.  

No Summary Legal Separation 

Legal separations can only be either uncontested, or contested. The Family Code does not contain any provisions or avenue for summary legal separation.  If you wish to file for or to respond to a petition for legal separation, call the attorneys at  Ihejirika Law Corporation to discuss your case. Don’t procrastinate. Call (877) 472-6013, (916) 972-8774, or (916) 972-8779, and speak today with an attorney. Don’t delay. Call now.  

A judgment of nullity (annulment) is a judicial pronouncement that the parties were never legally married to each other.  If you are granted an annulment, it is as though your marriage never existed. You may be able to get an annulment if you married when you were a minor without the consent of your parents or guardian, or if certain types of fraud or deceit were involved.  No residency period is required. You or your spouse merely should be residing in your county when the petition is filed. 

The permissible grounds for a void marriage are (1) incest, or (2) bigamy. The permissible grounds for a voidable marriage are (1) petitioner married as a minor without parental consent; (2) prior existing marriage; (3) unsound mind at time of marriage; (4) fraud; (5) force; or (6) physical incapacity. 

In order to obtain an annulment a court hearing or trial is normally required and unavoidable because the courts require that the petitioning spouse must offer evidence to prove the existence of the alleged grounds alleged in the petition. 

If you wish to file for or to respond to a petition for annulment of marriage on one or more of the above grounds for nullity of marriage, call the attorneys at  Ihejirika Law Corporation to discuss your case. Don’t procrastinate. Call (877) 472-6013, (916) 972-8774, or (916) 972-8779, and speak today with an attorney. Don’t delay. Call now.