Divorce

California has a no fault family law act. This means that the court will not inquire into any issues concerning why a marriage has broken up. A party need only state that "irreconcilable differences" have arisen.

That statement alone is sufficient to justify a Dissolution (commonly known as Divorce) of marriage being granted. It does not make a difference, either financially or with regard to child custody who initiates the dissolution of marriage action. In addition, it does not matter if one party wants to dissolve the marriage and the other party does not. The court will grant a Dissolution despite one party's objection.

The Family Law Act allows four different types of actions to be filed: a dissolution of marriage, a dissolution of a domestic partnership, a legal separation and/or a nullity of marriage.

A nullity may only be granted for six specific reasons: underage, prior existing marriage, unsound mind, fraud, force, or physical incapacity. Very few nullities are actually granted. This is a highly technical area of the law and would need significant discussion, to determine whether it would be possible in a specific case.

As to a legal separation, typically, a person may file for a legal separation instead of for a dissolution, when they have religious and/or philosophical reservations about the practice. Another reason may be that it is necessary to keep the other party on a current medical insurance policy, due to a pre-existing condition, and it would be too expensive or not possible to maintain a COBRA type insurance.

A dissolution means the complete termination of a marriage. There is no way a marital status can terminate legally without the initiation of a dissolution of marriage action. Thus, you cannot remarry, or be a single person, until after you file for a dissolution.

In order to obtain a dissolution it is necessary to prepare a Petition, and Summons, and have the other party served with those papers. Service can be obtained by having them physically served with the documents, or by them signing a Notice and Acknowledgment of Receipt that they have received these papers. (It is important to note that a person can only be served by an individual who is over the age of 18 years and not a party to the action.)

Once those documents are prepared, filed with the court, and served, you are usually working toward a judgment of dissolution of marriage. The judgment of dissolution of marriage will terminate your marital status. It will also divide all of your marital assets and debts. In addition, it will resolve any issues of child custody and child visitation. Issues of support, both for the children and for the spouses will be resolved along with any other issues connected your marriage termination.

The earliest possible date that you could expect your marital status to terminate is six months from the date the paperwork is served on the other party. There is no way that one's marital status can terminate in less than six months, in California. However, you should be aware that it often takes longer than six months to complete.

A judgment in a dissolution is sometimes a result of a comprehensive agreement reached between a husband and wife. This Marital Settlement Agreement is usually facilitated by their attorney(s). If an agreement can be reached, it will be put in writing and signed by both parties. The agreement will then be incorporated into a judgment. This judgment will be signed by a Superior Court Judge and will incorporate your entire agreement. If an agreement cannot be reached, then a trial will occur.

At trial documentary evidence will be presented, legal arguments will be made and it is likely that you and the other party will testify. In addition, if it is appropriate your attorney (or you if you are self-represented) will prepare and have experts testify. After those events occur a judge will render a decision. This decision will then become a judgment of dissolution of marriage.

California is a community property law state. In essence, there are three types of property, community, quasi community and separate. (Quasi community property is property that exist outside the boundaries of California and would be community if it were located within California. It is treated identically to community property.) The law requires that all community property be divided equally within the dissolution, whereas, separate property belongs solely to that spouse.

In general, all property acquired after the date of marriage, and prior to the date of separation is community property. On the other hand, generally, all property acquired prior to the date of marriage, after the date of separation and/or during marriage by way of gifts or inheritances is the separate property of the recipient spouse.

There are some occasions where community property can become separate property, and separate property can become community property. This is something that the parties are free to do. This is usually accomplished though a written agreement. If the parties do have an agreement regarding the characterization of property the court will usually follow it.

The same general principles that govern property govern obligations. Debts incurred after the date of marriage and prior to the date of separation are community obligations. Therefore, they will be divided equally between the parties. In addition, generally obligations incurred prior to the date of marriage and/or after the date of separation are the separate obligations of the party who incurred them.

A dissolution can have vast repercussions on all areas of your life. One area that it can seriously complicate is taxes. There can be tax consequences from capital gains, child care credits, child exemptions, and filing status to name only a few. It is thus highly recommended to consult with an accountant regarding all of the financial issues.

The division of personal property can probably be accomplished by a written agreement. If an agreement on the value and/or the division of the personal property cannot be reached, it might become necessary to retain a personal property appraiser. An appraiser can inventory all of the household furniture, furnishings and personal effects and then give an indication as to their fair market value. Your vehicles, if any, can be appraised through the use of the Kelly Blue Book.

Up to the time of trial, or an agreement, there is usually a great deal of discovery. Discovery is the time when each party acquires information from the other. The types of discovery vary. There are depositions, interrogatories, requests for production of documents or admissions, subpoenas and others.

A deposition is a session before a certified court reporter. During a deposition, questions are asked of the party, which must be answered under penalty of perjury. The questions and answers are taken down by the court reporter and eventually typed into booklet form. The testimony given at a deposition can be used as evidence at future court hearings and/or trial.

Written interrogatories are written questions sent by one attorney to the other party, which must be answered under penalty of perjury. The answers to these questions can also be used as evidence at time of hearings and/or trial.

Requests for production of documents are requests that the other party produce documents in preparation for hearings and/or trials. The documents generally requested include things such as employment, tax, insurance, and medical records. Other items involving varying issues can also be requested.

A subpoena can be used to obtain employment, bank, insurance, and medical records of the other party. These subpoenas can be issued directly to the provider. It is often used to verify information and/or to make certain that all of the information is obtained prior to trial and/or hearings.

It is important to use discovery to verify as much information as possible, prior to trial. Through discovery, you are assured that you have all the facts. Therefore, once discovery is complete, when you attempt to resolve the matter, either through negotiation, or trial, you have the complete picture.