FAQ’s

FAQ ‘s: I have compiled a list of questions that people often ask me. Remember, there is no such thing as a dumb question. If you don’t know something, ask! I update this list frequently, so if you have a question, please submit it here. I guarantee someone out there has the same question. Remember, any information on my website or blog in NO WAY should be construed as legal advice.

In addition, you may find information on my frequently updated BLOG helpful.

Divorce - Top 5 Questions

Yes. California is a “no-fault” state, and “irreconcilable differences” is sufficient grounds to terminate a marriage. Thus, you don’t need the other’s permission.  However, you should know that if one side isn’t agreeing to the divorce, you will need to jump through legal hoops, culminating in setting the case for trial, which is very costly.  If you are the spouse who isn’t agreeing to the divorce, I suggest that you review California family law. It doesn’t pay to draw out the process if one person is already out.  The divorce WILL be granted – it’s just a matter of time and money.

Answered in detail on my blog.

In some states, if you live together for a certain amount of time, and hold yourself out as married, you can be legally considered married, without a marriage license or ceremony. Currently, only ten (10) states recognize common law marriage: Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas, and Washington D.C..  California is not on this list. However, if you are previously considered married in one of these common law states, and later move to California, California will recognize the previous common law marriage.

After you file the Petition for Dissolution of Marriage, and you properly serve the other side, they have 30 days to respond. Because the divorce takes some time to finalize, it is a good idea to file a Request for Order to establish temporary orders. This is a particularly good idea when one party has already moved out, and you have conflicts regarding custody and visitation, and support, and restraining orders. These temporary orders will remain in place until further orders or a Judgment is entered.

After temporary orders are issued, the parties will engage in “discovery process” where you put everything on the table. After everything is made known, the parties will try and settle the case. If the case does not settle, it will go to trial. Remember, the divorce is not final until the Judgment is entered, and you receive a Notice of Entry of Judgment by the clerk. Do NOT get re-married unless you receive this form.

Perhaps my blog article will help: Co-habitation Pros and Cons