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California Divorce Requirements

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Basic Steps in Filing a Divorce Petition

Although different states might have slight variations in the divorce legislation, the basic structure for filing a divorce remains largely the same. Below are the key steps involved in fling a divorce petition: Filing the petition You first need to file a ‘Petition for Dissolution of Marriage’ when seeking a divorce. The person filing the Petition is called the Plaintiff or Petitioner while the spouse is termed as the Defendant or Respondent. In the Petition for Dissolution of Marriage, you state basic facts related to you and your spouse as well as the children (if any). This document is considered…

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Understanding Domicile in California Divorce Cases

With regard to the issue of California residency requirements in a divorce case, it is important to know that the person filing for divorce must have lived in California for 6 months prior to filing and for 3 months in the county they are filing in. California Residency Requirements – How Do You Show Domicile? The most important word to highlight whether you fulfill the California residency requirement is domicile. This can be broken down into two parts, one is intent to stay in the state and the other is physical residence in the State of California. The most important thing…

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Fatal Errors That Could Derail Your Divorce Proceedings

Divorces are hard enough times by their very nature, so you can do without shooting yourself in the foot with some of these easily avoidable, seemingly minor errors that could blow up into bigger issues. Not being honest about financial information For the divorce process to move along smoothly, do not cover up or try and hide information on assets, income and marital debt. Be sure your estimates for expenses accurately reflect your expected life after divorce. Remember, as part of divorce litigation you may be requested to share some information in the discovery stage of the process. Should this…

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The Steps Involved In Divorce Litigation

No one is ever really prepared for a divorce. Even if you have been through it before, no times are ever alike. For someone who is already going through the emotional upheaval that comes with this trying time in one’s life, it helps if you know what to expect on the legal front. Being aware of the steps involved in a divorce litigation are vital for emerging with your sanity intact. Attempt to arrive at an agreement: If you are now facing the challenge of going through a divorce litigation, this means that other means to come to an amicable…

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Understanding California Spousal Support Rules

Orange County divorce cases can sometimes be complex affairs. A divorce cases usually involves a host of issues that need to be addressed by the two parties before a judge can decide on the final judgment. One of the most important factors in a divorce case is spousal support. Spousal support has multiple rules that can make it difficult to understand. In this blog, we will take a look at the rules used in calculating temporary spousal support while the Orange County divorce case is going on (versus long-term spousal support considerations at the end of the divorce case at…

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California Supreme Court Defines Legal Separation for Divorcing Couples

The California Supreme Court on July 20, 2015 ruled that it is necessary for divorcing couples to live in different residences in order to claim separate property and qualify as legally separated. Under California family law, the income and property each spouse acquires during a marriage is considered community property to be divided between them during a divorce. However, couples often separate years before they divorce, removing all their earnings after separation from consideration when determining community property. When the couple separates, each spouse gets to keep whatever they accumulate. According to the Supreme Court guidelines, a couple that continues to…

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Does California Recognize Common Law Marriages?

The existence or non-existence of common law marriage in California is sometimes asked by parties contemplating their legal rights when breaking up with their partner.  Marriage in California is a creature of statute. This means that for a husband and wife to go through legal and real marriage, they must go through all the formal processes that involve licensing of marriage and solemnization laws among other things. California abolished common law marriage back in 1895.  However, that is not entirely the end of the story. In Limited Situations Common Law Marriages Exist There can be no marriage between a man…

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Family Code 2640 and Down Payments on Marital Property

The world of law, even in family law court, is filled with complex legal terminologies and sections that have effect on the overall outcome of a whole host of cases. Family Code section 2640 is no different. When it comes to California divorce cases, Family Code section 2640 is used in several litigation proceedings.  Section 2640 is broad and applicable in wide variety of situations and the most common of these is the reimbursement of a separate property down payment on a home. For example, a down payment is made on a home which is purchased during the marriage. The…

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The 7 Step Divorce Process In California

Are you a husband or a wife that has been married for two years or 22 years and have reached a place in your relationship where you cannot see the two of you existing together as a couple?  When one is looking to take a decision with regards to divorce, there can be a whole lot of apprehension, confusion, and uncertainty about the process of California divorce and their own future. Here is an explanation of the California divorce process to help ease some of the uncertainty. Step 1: The Period of Separation The first step in the seven-step process…

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A Low-Down on California Automatic Temporary Restraining Orders

“Automatic temporary restraining orders”…these are four words that are likely to stir up a whole host of questions in your mind regarding the meaning, application and origins of these words. While the words such as restraining and orders may give some clues as to the connection of these four words in California divorce cases, it will remain uncertain. This article intends to shed some light on what are automatic temporary restraining order. What are they? Automatic restraining orders are a set of 4 orders that goes into place upon the filing and service of the initial Summons (on the back…

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