Men and fathers going through a California divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s California divorce lawyers focus on representing men during the divorce process and that gives them a better understanding of how the state’s laws affect them and their families.
Read through our California divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in California will improve your ability to communication with your divorce lawyer, which goes a long way toward helping your reach your goals in California family court.
California Divorce Attorneys provide answers to frequently asked questions with regards to divorce in California.
Irreconcilable differences, fraud, and incurable insanity.
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It depends on the number of children, assets, years of marriage, if there are allegations of domestic violence, and many other factors. No case is alike and there is no way of generating an average number.
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Technically, no. A person can represent themselves by filing In Pro Per. This does not mean that a person should not get an attorney, though.
The laws governing dissolution, child support, and child custody are very complex and the forms necessary to file a motion for dissolution, support and custody are very hard to complete without making errors.
A divorce attorney is always the best bet in order to keep informed about the current law, any changes in the law, and most especially in order to gain an understanding about how the court process works.
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No. California is a no-fault state.
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The word maintenance is not utilized in California. Maintenance is referred to as Spousal Support.
Whether you have a right to spousal support depends on a number of factors including, but not limited to, your gross annual income, your spouse’s gross annual income, the number of children that you have, and the parenting time-share that has been ordered by the court.
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Yes. There is a provision in your final judgment paperwork that enables you to change your name.
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Yes. A marriage is never legally valid when it is incestuous or bigamous. Other marriages can be annulled if the party filing for annulment was under 18 years old when the party was married; if either party was already legally married; if one of the parties was of unsound mind or unable to understand the nature of marriage; fraud; force; or physical incapacity.
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As soon as you consider yourself legally separated (the point at which you do not want to reconcile).
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The dissolution process can take a year or more to complete.
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Not if you are able to settle the matter outside of court.
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You can have your courier or the person that you had attempt to serve your spouse file a declaration regarding the number of serves. After a certain number of serves the court will hear the matter without the other party being served.
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After final entry of Judgment.
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California is a no-fault divorce state. The court will divorce you regardless if one party does not consent.
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Yes. Unless you agree to reserve jurisdiction over the particular matter (meaning you will deal with a certain item later in time). Child custody and child support always need to be addressed, however.
Six months.
No.
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If you are military then you have to file in the state and county where you live or where the other party resides (if you are living abroad).
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Petition for Dissolution, Summons, and Proof of Service.
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In the county where you reside.
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Have a person other than yourself serve him or her, such as a courier.
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By Final Judgment or by Stipulation. If there is a dispute, then you would have to go to court.
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You will have to fill out and file your own paperwork. You will also have to speak to the judge and conduct the trial on your own by calling witnesses.
Only if one of the parents has terminated their parental rights.
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No. But there are rules that could permit one of the parties to receive spousal support based on putative spouse status.