![]() ![]() This is a legally important date and generally requires a physical separation and an intent by at least one party to terminate the marital relationship. One of the lines on the Petition for Dissolution of Marriage asks for a date that the parties separated. house, condo, townhome, land, etc.), they do not have many assets or much debt, and they agree to all terms to finalize their case including the amount (if any) of spousal support to be paid.Ī detailed guide about Marital Settlement Agreements and Stipulated Judgments is available here. To qualify for summary dissolution, parties must be married for less than five years, they cannot have any children born of their marriage to each other, they cannot own real property (i.e. Summary dissolution is a type of divorce case that involves the joint filing of a petition. Once served, the responding party has to file a Response within 30 days. Or, one of the best ways is where the responding party is cooperative and signs a document called a Notice and Acknowledgement of Receipt which means they are served as of the date they sign that form. For example, when a respondent cannot be found the petitioner can request an order by the family court where the summons is published in a newspaper. The best way to effectuate service is to physically hand the documents to the respondent however, there are other lawful ways to serve documents in limited circumstances. These are other words that essentially mean “plaintiff” and “defendant”.Īny competent adult that has no interest in the proceeding may serve the dissolution of marriage documents on the respondent. The person filing the case is called the petitioner and the other spouse is called the respondent. The documents are then served upon the other spouse. A filing fee is mandatory unless the person filing qualifies for a fee waiver because they are indigent and can’t afford the fee. Other forms are also filed with the Petition including a Summons and if children are involved, the law requires the filing of a Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).Īs soon as the case is filed a case number is given and a judicial officer is assigned to the case. The document filed is called a Petition for Dissolution of Marriage. Typically, a divorce case is started when one spouse files for divorce in the county in which they reside or the other party resides. Getting Startedĭivorce cases are started different ways depending on the circumstances of the particular case. We often have Irvine, Orange County clients ask our attorneys, “ How does divorce work in California”? This page is designed to explain just how divorce cases work from start to finish, the different types of cases for divorce, and discusses the myriad of issues that may arise during divorce. How Divorce Works in California: A Complete Guide Posted on ![]()
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