Wednesday, 07 January 2009
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Divorce, Legal Separation, Annulment PDF Print E-mail
Do you know California's definitions that distinguish the difference between a divorce, a legal separation, and an annulment?
A divorce (also called "dissolution of marriage" or "dissolution of domestic partnership") ends your marriage or domestic partnership. After you get divorced, you will be single, and you can marry or become a domestic partner again.

If you get divorced, you can ask the judge for binding legal orders such as child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, division of property, amongst other orders.

For married persons to get a divorce, you MUST meet California's residency requirement. California Residency Requirements are:

To file for divorce in California, either you or your spouse must have lived in:
  • California for the last 6 months, AND
  • The county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

If you don't meet the residency requirement, you can still file for a legal separation.

Once enough time has passed so that you meet the residency requirement for a divorce, you may file an "amended petition" and ask the court for a divorce.


Do you know the main differences between divorce proceedings between married persons and domestic partnerships?

  • Residency - Domestic partners who have registered in California have agreed to the jurisdiction of the California courts to end their domestic partnerships - even if they move away or have never lived in California.
  • If couples have become domestic partners (or their equivalent) in other states, they can file in California to end their domestic partnership if at least one of them is living in California. To file for a divorce, one party will have had to live in California for at least 6 months and the county where divorce is filed for at least 3 months before filing. To file for legal separation or annulment, they can file as soon as they've moved to California.
  • Partner support - unlike spousal support generally, it will probably not be taxable to the person receiving and tax deductible for the person paying.
  • The law allowing for domestic partners to obtain dissolutions, legal separations and annulments is new. There are many things that are still uncertain regarding property, custody and tax issues. It is important to talk with me, I am very knowledgeable about the law in this area.

I am at your service. Protect your relationships health and call me (562-437-8040), or fill in the evaluation form now.
 

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Dependancy Proceedings

There are circumstances that lead to the removal of a child from parents, these children are placed as a dependent in the juvenile court. Our office is focused on this type of proceedings in Long Beach California. Some of the grounds for this to happen include: the removal of children who have suffered or are likely to suffer neglect or abuse. Other situations include the inability of the parent/guardian to provide care due to mental illness, developmental disability, or substance abuse problem. A child may also become a dependent of the court if the child's parent has become arrested/imprisoned or institutionalized and has been unable to arrange for care of the child during that time.

 

Call me 562-437-8040 I can help, or fill in our quick and easy evaluation form.

Long Beach Resources

Below are important resources to help you navigate Family law issues in California:

 

Long Beach Family Law

Can you revoke a Power of Attorney?

First lets get clear what a Power of Attorney is? A power of attorney is a legal document prepared by a licensed attorney that states, that you give someone else (often a relative or friend) the authority to make specific decisions and act on your behalf in certain circumstances. The person to whom you give these powers is called an agent or attorney-in-fact. You are called the "principal." The person you give authority to does not have to be lawyer or attorney, it can be anyone that you trust to execute your wishes when you can not. More...

Divorce Resources

Below are important resources to help you navigate Divorce, Separation and Annulment Issues in California

 

General Resources

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