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A Snapshot of California Divorce Law Current Law Divorce in California is now referred to as "Dissolution of Marriage" and is based on irreconcilable differences rather than on the "fault" of either party. A marriage may also be terminated by an Annulment ("nullity") if certain technical grounds are met. An Annulment is usually obtained in a substantially shorter time than a Dissolution. The "petitioner" in a "Dissolution of Marriage" action commences the divorce proceedings by filing a "Petition for Dissolution of Marriage" with the local court. The other spouse is known as the "respondent." The respondent is "served" with the Dissolution Petition and other related documents. The respondent is allowed thirty days to answer to the Dissolution Petition. The ultimate goal in a dissolution action is to negotiate a fair and reasonable marital settlement agreement and to obtain a "Judgment of Dissolution" from the court. This judgment will contain orders that resolve each issue in the case. Common issues addressed in the settlement agreement and the Judgment of Dissolution include division of assets, disposition of a family home, division of pensions, tax allocations, child custody, child support, visitation, spousal support and division of debts and obligations. Generally, the parties are able to resolve the issues amicably and obtain a "stipulated judgment" by agreement. If they are unable to agree, the Family Law Court will hold a hearing and issue a ruling deciding all unresolved matters. Temporary orders After the filing of a Dissolution of marriage action, it may be necessary to immediately resolve such issues as temporary custody, child support and spousal support. The parties may stipulate to these issues or the Court, after a hearing, will make temporary orders setting an appropriate amount of temporary support, ruling on temporary custody and resolving any pressing financial issues. Time Line To Obtain A Final Judgment California law requires a statutory "waiting period" of six months before the parties to a dissolution proceeding resume the status of single persons. The parties may not remarry during this waiting period. The six-month period commences on the date the respondent is served with the Dissolution Petition or files a response with the court, not from the date the Dissolution Petition is filed. Most Dissolution actions are negotiated and settled before the six-month period has elapsed. The orders set forth in the judgment are effective when made except the order returning the parties to the status of single persons. The judgment will state the date when the parties may remarry. The judgment will also direct division of the parties' assets and debts, the amount for permanent spousal and child support, and any provisions for allocation of taxes. For more details please contact our office. Our phone number is (415) 781-6500, or you may email us at BSCHNEIDER400@AOL.COM. We are located in downtown San Francisco at 400 Montgomery Street, Suite 505, San Francisco, CA 94104. |