Family Law Blog

How to Change Your Name During or After Divorce

Divorce is demanding. A person getting divorced must figure out how to handle a new financial situation. They have to engage in stressful negotiations. They may need to cope with the turmoil of custody battles. In the midst of everything going on during a divorce, it’s not surprising that changing your name falls to the…

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What is Annulment, and When is it More Appropriate to Seek Instead of Divorce?

Petitioning for a judgment of nullity (instead of divorce) is appropriate where the validity of the marriage is in doubt, i.e. that no valid marriage ever occurred from its inception because it was void or voidable. In other words, whereas a divorce matter seeks to terminate marital status, a nullity action seeks to determine whether…

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When is Filing for a Legal Separation More Appropriate vs. a Divorce?

In situations where a party wants to obtain orders for child custody, visitation, and/or other issues but has not lived in the same county for the past three months or in California for the past six months to meet the time requirements for filing for a divorce, that party can file for Legal Separation and…

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What is the Legal Basis for a Divorce in California?

In the State of California, there are only two legal reasons for ending a marriage: (1) “Irreconcilable Differences”; or (2) Incurable Insanity. Irreconcilable differences means that no amount of marital counseling will save the marriage. California is a “no-fault” divorce state, meaning that you do not have to give the court any other reason for…

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What Are the Residency Requirements to File for Divorce or Legal Separation in California?

To file for divorce in California, you must have been a resident of California for 6 months and of the county in which you are filing the divorce petition for 3 months immediately prior to the filing. There are no residency requirements for filing for Legal Separation in California. Therefore, for persons who cannot meet…

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