Divorce
Divorce is one of the most traumatic and all-consuming events a person can experience. A divorce involves personal decisions like who gets the kids, how do you split the holidays and financial decisions such as can you keep the house or retirement and the tax consequences of these decisions. Divorce involves many decisions which will affect your life far into the future and it is important to make the right choices for you and your children.
Not all attorneys are created equal, it is important to have an attorney that will be with you from beginning to end helping you make all the right decisions and protecting your rights. I limit my practice exclusively to family law issues and unlike "case-mill" firms I take on only a select number of clients so that I can ensure my clients are getting the representation they deserve. My clients are not dumped on associate attorneys or paralegals to handle the intimate and crucial matters in their case. I handle all portions of my client's cases including meetings, phone call, discovery, depositions and all court hearings. Any issue relating to family law is highly personal and sensitive. When choosing an attorney it is imperative that you choose one that will be with you all the way through and provide you the attention you will need when handling these emotional and intimate matters.
Grounds for Dissolution
Under California law, a person may seek a divorce on the basis of either:
- irreconcilable differences
- incurable insanity
Irreconcilable differences are the most common grounds cited on a petition for dissolution. The requirement for these grounds are satisfied by "the existence of substantial marital problems which have so impaired the marriage relationship that the legitimate objects of matrimony have been destroyed and as to which there is no reasonable possibility of elimination, correction or resolution." Marriage of Walton (1972) 28 CA3d 108.
The law will grant a divorce based on the request of either spouse and disregard any opposition. Your spouse does not need your consent to obtain a divorce judgment - get someone on your side now to protect your rights and put you back in control. Contact the Law Office of Erica C. Affinito for your freeinitial consultation.
Residency Requirement
To file petition for dissolution a party must have been a resident of California for at least 6 months and the County in which the petition is filed for at least 3 months immediately before the filing of the petition.
A legal separation, on the other hand, has no such residency requirement. A new arrival to California can bypass the six month waiting rule by filing a petition requesting a legal separation. Once the residency requirement is met the petition can be converted to a dissolution.
There are very compelling reasons for filing for a legal separation while waiting to achieve residence:
- Temporary Orders: By filing for a legal separation a party can ask the court to make temporary orders regarding child support, spousal support, child custody and visitation, exclusive use and other orders.
- Automatic Temporary Restraining Orders: Filing a petition for legal separation offers immediate protections to the petitioner by prohibiting either party from disposing of property or changing insurance beneficiaries, etc.
AM I DIVORCED YET?
Many arm-chair attorneys like to perpetuate the belief that six months after you file for divorce... you are single! However, this is not the case. It is not until six months after the court obtains jurisdiction over the respondent that you even become eligible for the status of single, however, if your case is still pending and has not proceeded through judgment, you are still married.
Confirm that your divorce is final prior to taking any subsequent actions such as filing tax returns as a single person or getting remarried. It may be possible to obtain an earlier marital status termination date nunc pro tunc but this recourse is substantially limited and it is always best not to set yourself up to need additional legal processes.
If your spouse has filed or you are filing for a divorce or if you already have a case started contact me for your free initial consultation. I can help you understand your rights and advise you as to your options. If you are ready to be put back in control of your life, contact me today.