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Orange County Divorce

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I am Afraid that my Abusive Spouse Will Find Out Where I Have Moved, How Can I Protect Myself?

There is a relatively new program in California that helps protect victims of domestic violence, known as the California “Safe At Home Confidential Address Program”. On January 1, 2007, a confidential mail forwarding program administered by the California Secretary of State’s Office called “Safe At Home” took effect to protect victims of domestic violence. The program allows such victims to escape abusive spouses and partners by providing a level of anonymity regarding their home address. The Safe At Home program gives the victim an official, substitute address to use in place of their home address. All first-class mail, legal documents…

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Do I have Any Immediate Rights and Orders When I File and Serve My California Divorce Paperwork?

Yes, you have immediate rights and order that take effect when spouse is served.  The importance of personally serving the Summons and Petition on your spouse is that the Summons includes automatic, build-in family law restraining orders preventing either spouse from selling or giving away any property, changing any insurance policies or beneficiaries, or taking any children of the marriage out of the State of California without the express written consent of the other spouse. The automatic restraining orders state as follows: “Starting immediately, you and your spouse or domestic partner are restrained from: 1. Removing the minor child or…

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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 any such status ever existed. A marriage may be invalid from its inception either because of problems in statutory formalization procedures (ordinarily marriage license, solemnization and authentication; or because of other legal problems that, notwithstanding proper formalization, render the marriage void or voidable (incestuous, bigamy,…

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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 amend his or her Petition to a divorce after 6 months have passed. Legal Separation is also appropriate for some parties for religious and/or insurance coverage issues. Medical insurance companies who had previously insured a spouse under the other spouse’s medical insurance during the marriage…

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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 ending your marriage, as opposed to other states which require proof of adultery, etc. For more information or to schedule a consultation, contact Orange County divorce attorney Gerald Maggio of The Maggio Law Firm, by visiting www.maggiolawfirm.com or calling (949) 553-0304.

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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 the residency requirements for divorce, it may make sense to first file for Legal Separation and later amend their Petition into a divorce proceeding once they have met the residency requirements. In situations where it is necessary to obtain custody, support and other orders from…

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