Information on divorce, dissolution of marriage, legal separation and annulment in California
Going through a divorce is probably one of the worst things you will have to go through in your life. Emotionally, going through a divorce is analogous to a death in the family. The proper term for divorce in the state of California is “dissolution of marriage.”
The difference between a divorce and a legal separation is that in a divorce the official dissolution papers are filed in court to dissolve the marriage, while a legal separation can occur either by filing legal separation papers in court or by one of the parties to the marriage , who decides to separate with the intention of ending the marriage for good. It should be noted that legal separation can occur even if the parties are still living together.
The difference between a divorce and an annulment is that in the event of an annulment, the marriage is void, voidable, or illegitimate from the beginning. In most cases, it is much more difficult to obtain an annulment than a divorce.
Divorce involves the legal termination of a marriage by court order. A divorce is not final in California until a court of competent jurisdiction issues an order stating that the marriage is dissolved.
There are two types of divorce proceedings in California; (1) Quick Divorce and (2) Standard Divorce. Most marriages will not qualify for the quick divorce procedure available in California.
Marriages can be contested proceedings, uncontested, or by default when one of the parties cannot be found or refuses to participate in the proceedings.
California is one of the so-called no-fault divorce states. The most common ground for divorce in the state of California is irreconcilable differences. A party may also seek a divorce on the grounds of death or insanity.
The most common issues involved in a divorce case in the state of California are: dissolution of marriage, child custody, child visitation, child support, alimony, which is actually known as spousal support in California, family support, separation of community ownership, determination of separate ownership, the division and/or distribution of public enterprises and the division and/or distribution of pension plans.
Due to the complex nature of family law litigation in the state of California, we strongly recommend that you retain an attorney to represent you. Our law firm can represent you in your divorce proceedings and all matters related to it. Our law firm may also provide limited representation for you with respect to certain matters related to your family law. We can even prepare documents for you if you choose not to hire an attorney. You can call us now for a free consultation at 818-739-1544 extension 10.
By Norman Gregory Fernandes, Esq. © 2006
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