Ending Your Marriage In California
Divorce In California
In California, there are three ways to end your marriage. Dissolution of marriage (commonly known as divorce) is one way. If you know you have to file for dissolution of marriage then you may qualify to apply for summary dissolution of marriage if: (1) you have been married for less than 5 years (2) do not have children from the marriage (3) Do not have significant assets or debts and (4) both parties agree in a joint petition to file for a summary dissolution. To learn more about summary dissolution click the Learn more link above.
Once you decide to file divorce forms with the courts first determine the county to which you need to file the paperwork, then you must prepare and complete the divorce forms, file the divorce forms forms, serve the forms on your spouse, ask for temporary orders (if such orders are needed) and wait for judgment from the family court. In short, this is only the basic process of filing for divorce in California so talking to a family law attorney near you may be a good idea.
California Divorce Laws
California divorce and family laws are very complicated. We can write a book with thousands of pages on this topic. However, we will try to simplify it by explaining the policy goals the family code seeks to promote. This way you can understand the purpose of the laws you encounter throughout your family law case which in turn will help you understand the possible outcomes.
California Divorce and Family Law Policy Goals
In California, the family code along with the case law interpreting the family code are the two major sources of law applied in family courts. California legislature designed intended that these laws encourage settlement, child’s best interest, fairness, and safety of the parties. The process of divorce encourages settlement at every turn. Child custody mediation is mandatory so that parents can determine how they want to raise their child on their own. Division of assets and debt after divorce is guided by policy of fairness. Domestic violence restraining order laws are intended to keep the family law litigants and the child safe and secure during these emotional times.
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