AUBURN DIVORCE ATTORNEY
DIVORCE
If one spouse or domestic partner wishes to end the marriage or domestic partnership, even if the other spouse or domestic partner does not want a divorce, they can file for a dissolution of marriage (divorce) or domestic partnership.
California is a “no fault” state, meaning that the spouse or domestic partner that is filing for a divorce does not have to prove that the other spouse or domestic partner did anything wrong. Your legal grounds for a dissolution or legal separation will be either irreconcilable differences, or permanent legal incapacity to make decisions.
In my observation as an Auburn Divorce Attorney, the majority of dissolution cases filed cite the legal grounds as irreconcilable differences.
In California, you cannot obtain a divorce decree any sooner than 6 months from the time that the Summons and Petition is served on the other party. Although this may seem like a long time to you, it is not uncommon for the divorce process to take longer. In fact, most cases take longer to conclude. Some parties are able to complete the process before the 6 months, however, they will not return to the status of a single person until after the Judgment of Dissolution is filed with the court, and no less than 6 months from the service of the Summons and Petition.
In order to file for a dissolution in California you or your spouse or domestic partner must have lived in California for the last 6 months and you must have lived in the county where you plan to file the divorce for the last 3 months. If you do not meet the residency requirements you may consider filing for a legal separation until you do meet the requirements, at which time you can amend your filing.
A divorce proceeding can includes child custody and visitation and child support, spousal support, and property division.
LEGAL SEPARATION
Depending on your own circumstances, you may choose to legally separate instead of filing for a dissolution (divorce). There are a number of reasons that someone may lean towards a legal separation over a dissolution. These reasons include:
- Religion
- Health insurance
- Retirement accounts
- Social Security
- Taxes
- Other personal reasons
A legal separation is for couples who want to live separate and apart, but do not want to divorce. If you obtain a legal separation, neither party is free to re-marry as a legal separation does not terminate the marital status.
In order to obtain a legal separation, you do not have to meet the California residency requirement which is required to obtain a dissolution.
If you think a legal separation is something you would like to discuss or pursue, contact the Law Office of Sara S. Thompson, PC, Auburn family law attorney, to schedule a consultation.
ANNULMENT
An annulment is when the court finds that your marriage or domestic partnership was not valid. A marriage or domestic partnership is not valid and is considered void if there is incest or bigamy.
A marriage or domestic partnership is not valid and is considered voidable under the following circumstances: the petitioner was a minor at the time of the marriage or registration of domestic partnership; prior existing marriage or domestic partnership; unsound mind; fraud; force; or physical incapacity.
If your marriage or domestic partnership is annulled, it is as if the marriage or domestic partnership never existed because it was not valid to begin with.
There are strict timelines in which you must file your request for an annulment. It is important to discuss your case with a competent attorney if you find yourself in a situation in which an annulment would be needed.
Contact the Law Office of Sara S. Thompson, PC, Auburn divorce attorney, to discuss the facts of your case.
RELEVANT CODE SECTIONS
Note: Not all relevant code sections are listed below.
Family Code section 2310 reads “Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage. (b) Permanent legal incapacity to make decisions.”
Family Code section 2311 reads “Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”
Family Code section 2312 reads “A marriage may be dissolved on the grounds of permanent legal incapacity to make decisions only upon proof, including competent medical or psychiatric testimony, that the spouse was at the time the petition was filed, and remains, permanently lacking the legal capacity to make decisions.”
Family Code section 2339(a) reads “Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of the summons and petition or the date of appearance of the respondent, whichever occurs first.”
Family Code section 2320 (a) reads “Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.”
Family Code section 2321(a) reads “In a proceeding for legal separation of the parties in which neither party, at the time the proceeding was commenced, has complied with the residence requirements of Section 2320, either party may, upon complying with the residence requirements, amend the party’s petition or responsive pleading in the proceeding to request that a judgment of dissolution of the marriage be entered. The date of the filing of the amended petition or pleading shall be deemed to be the date of commencement of the proceeding for the dissolution of the marriage for the purposes only of the residence requirements of Section 2320.”
Family Code section 2210 reads “A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:
(a) The party who commences the proceeding or on whose behalf the proceeding is commenced was under 18 years of age, unless the party entered into the marriage pursuant to Section 302 or 303.
(b) The spouse of either party was living and the marriage with that spouse was then in force and that spouse (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2) was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted.
(c) Either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as his or her spouse.
(d) The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as his or her spouse.
(e) The consent of either party was obtained by force, unless the party whose consent was obtained by force afterwards freely cohabited with the other as his or her spouse.
(f) Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable.”
To discuss your circumstances with a compassionate, and caring Placer County divorce attorney, call the Law Office of Sara S. Thompson, PC.