California is a 'no fault' divorce state. The State of California does not recognize 'common law' marriages. In order for a married couple to obtain a divorce and legally return to a 'single' status, California law requires a Judgment of Dissolution.
A 'Judgment of Dissolution' or of 'Legal Separation' may be granted only on the grounds of either 'irreconcilable differences that have caused irremediable breakdown of the marriage' or ' incurable insanity'. A party is not divorced by just filing for a divorce with the family law court. Without a 'Judgment of Dissolution marriage, neither party is divorced and neither party is free to remarry.
In a dissolution ( divorce) action in California, the earliest the parties' marital status may be terminated is 6 months after the family law court acquires jurisdiction over the other party ( the spouse who is served with the divorce).
In a dissolution ( divorce) action, or one for legal separation, the family law court has jurisdiction to make a wide range of orders including the property of the parties, the assets and debts of the parties, attorney's fees and costs, the custody and visitation of the parties' children (if any), child support, spousal support, restraining orders, and restoration of a former name.
A dissolution is an emotional and traumatizing event for many families. However, many issues in a divorce can often be resolved without the need for costly and expensive litigation or court intervention.
The cost and complexity of a dissolution( divorce) is often dictated by the tone set by either or both parties in the action. The legal divorce process may be as expensive and complex as the parties wish it to be or as amicable, fair and cost-effective as they wish it to be. At this firm, we provide each and every client with the knowledge of their rights under California law. We zealously represent all our clients to ensure that their best interest is served during this arduous process.
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