What Must I Know About Marriage Dissolution in California?

A divorce in legal terms is called a Dissolution of Marriage. For parties in a Domestic Partnership, this is Dissolution of a Domestic Partnership. The Dissolution ends all legal bonds. There are residency requirements to get divorced in California. This means you have to have lived in California for the past 6 months. To file in Orange County, one party must have lived in Orange County for the three months immediately preceding the filing of the Petition.

Both persons do not have to agree to the divorce. One partner can’t force the other to stay in the relationship. Either spouse can decide to end the marriage. The spouse who does not want to get a divorce cannot stop the process by refusing to participate in the case. Non participation may lead to a default judgment, not to a dismissal of the divorce request.

If the parties cannot reach an agreement to the divorce and all issues of the marriage or partnership, the court will make final decisions regarding how the couple will divide what they owe, divide property, determine whether one person will receive financial support from the other regarding the minor children and make other orders on related issues.

There is a no fault divorce law in California. There is no need to prove “fault” of one or the other spouse or partner in the deterioration of marriage or partnership from the court’s point of view. The grounds for divorce in California are that there are irreconcilable differences or incurable insanity.

If a Domestic Partnership is not registered with the State of California, you cannot file for a Dissolution of Domestic Partnership with the Court.

It takes at least six months for the divorce to become final. The six months is counted from the date that the partner who started the divorce had the other served with the Petition and the Summons OR when the responding partner filed their first paper, whichever occurs first. There is a process to follow to finish the dissolution/divorce after the first papers are filed. Several other documents still need to be submitted to the court. A divorce is not final until a Judgment of Dissolution is signed by the judge. One of the parties has to prepare the judgment form with the appropriate attachments and submit it for signature.

Either party may ask the judge to order child support, spousal or partner support (alimony), child custody and visitation, division of property, domestic violence restraining orders and other orders on related issues unless there is a default. If there is a default because the other party did not respond to the Petition, they are essentially waiving their right to have a say in the divorce settlement.

Couples married for less than 5 years, that do not have children, do not owe or own much and agree on how they will divide their belongings can use a shortened process to handle their divorce called a Summary Dissolution. This process is not available for dissolution of domestic partnerships.

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Source: http://www.occourts.org/directory/family/dissolution.html

How Marriage Is Like a Business

The word “marriage” brings up images of diamond rings, billowy dresses, and the promise of a long and happy life together.

Yet a marriage is also a legal and financial partnership. Like partners in a small business, married couples must manage money, make joint decisions, and communicate with one another about dozens of day-to-day issues.

A Marriage Is a Legal Relationship

When you get a marriage license or form a business, you create a new legal relationship. Marriage means your and your partner’s money and property are connected in a way that they weren’t before.

Marriage affects your legal rights in several ways:

• Property ownership. When you were single, you owned your bank account and anything you bought with it. When you’re married, the general rule is that everything you earn or acquire during your marriage belongs to the two of you jointly (although there are exceptions and variations depending on the state you live in). This means that if you get divorced, you’ll be splitting up most of what you own, no matter who earned the money to pay for it.
• Debts. In some states, you may be liable for your spouse’s debts, even if your spouse’s name was the only one on the paperwork.
• Inheritance. If you die without a will, your state’s laws will automatically award about a half to a third of your estate to your spouse.
• Divorce and alimony. If you get divorced, a court may order the spouse who makes more money to pay alimony, or “spousal support,” to the lower earning spouse. In long-term marriages, alimony can be permanent.
• Death benefits. If your spouse dies, you may be eligible for certain benefits such as Social Security or pension benefits.

Like business partners, married couples can clarify or change these rules through legal documents, but many people don’t—and later regret it. In contrast, business partners typically spell out their rights and responsibilities from the beginning in bylaws, operating agreements, and contracts.

Protecting Yourself Legally

The laws relating to marriage, money, and property are designed to protect you and your spouse. But they can also cause confusion and disagreement, or create a result you didn’t intend.

For example, you may want to leave all your belongings to your spouse when you die, but your state’s intestacy laws may give half to your parents or children. Contracts, wills, and other legal documents can change your legal obligations—so make your intentions known, to minimize the chance of misunderstandings and conflict.

Some key documents to consider include:

• A prenuptial agreement. A prenup is a contract that you and your spouse sign before the wedding. It typically specifies property ownership and division, and how (or if) alimony will be paid if you were to get divorced. A prenup isn’t very romantic, but it can protect your assets and make things easier if you ever do split up.
• A will. If you don’t have a will, you don’t have any say in who gets your property after you die. Your state’s laws could leave less than you’d like to some people and may leave out others altogether.
• A living trust. Trusts have many purposes, including preserving property for your heirs, avoiding estate taxes and probate, and helping you qualify for Medicaid later if you need nursing home care. In general, trusts help protect your property.
• Durable power of attorney. A durable general power of attorney names someone to make financial and legal decisions for you if you become unable to handle them yourself.
• Health care advance directives. Advance directives, including a power of attorney for health care and a living will, communicate your health care choices if you are too ill or incapacitated to communicate them yourself. A health care power of attorney names someone to make health care decisions for you, and a living will documents your wishes about end-of-life care. These documents make your preferences clear and can ease the strain on your family in a difficult time.

Smart business owners have documents that anticipate the day when their business will close or a partner will leave or die. When married couples do the same, they protect themselves and minimize the chance of unexpected and unwelcome financial consequences down the road.

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Written by Lisa C. Johnson, Esq. for LegalZoom.

Ever Wonder What a Legal Separation Is?

If you are questioning what is a legal separation in California, you are not alone. In California, filing a legal separation is not filing for a divorce. In fact, legal separation is an alternative to divorce. This means that when a couple files for legal separation, they no longer want to continue the relationship, but they also don’t want to get divorced.

By legally separating, a couple can divide their community property assets and debts while still remaining married, and may be entitled to benefits that would otherwise be lost had they divorced. As a result, the couple no longer accumulates community property and debts together once their legal separation is finalized.

Many people often have a flawed perception of what a legal separation is, what the benefits are, and why a person would seek a legal separation. Most people pursue legal separation for personal reasons, which includes religious beliefs, health insurance concerns, and other purposes.

If you have any questions in regards to family law matters, please call us at (562) 546-2129, or e-mail me at robert@moyalegalservices.com.