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Going through a divorce is arguably one of the worst things you can go through in your life. Emotionally, going through a divorce is like a death in the family. The proper term for divorce in the state of California is “dissolution of marriage.”
The difference between divorce and legal separation is that in divorce, the formal dissolution of the marriage paperwork is filed with the court to end the marriage, whereas legal separation is accomplished either by filing papers for legal separation with the court or by filing the marriage papers with the court. One of the parties has decided to separate with the intention of permanently ending the marriage. It should be noted that legal separation can occur even if the parties still live together.
The difference between divorce and annulment is that in the case of annulment, the marriage is void, voidable, or not legal from its inception. An annulment is more difficult to obtain than a divorce in most cases.
Divorce involves the legal termination of a marriage by court order. A divorce in California is not final until a court of competent jurisdiction issues an order declaring that the marriage is dissolved.
In California, there are two types of dissolution of marriage proceedings available; (1) summary dissolution of marriage, and (2) standard dissolution of marriage. Most marriages will not be eligible for the summary dissolution of marriage process available in California.
Marriage may occur through contested proceedings, uncontested, or a default judgment when one of the parties cannot be located, or refuses to participate in the proceedings.
California is one of the so-called “no-fault” divorce states. The most common grounds for requesting a divorce in the state of California are irreconcilable differences. A party can also request for divorce on the grounds of death or insanity.
The most common issues involved in a divorce case in the state of California are: dissolution of marriage, child custody, child visitation, child support, alimony which is actually known as spousal support in California, family support, division of community property, determination of separate property, division and/or allocation of community businesses, and division and/or allocation of retirement plans.
Due to the complex nature of family law litigation in the State of California, we highly recommend retaining an attorney to represent you. Our law firm can represent you in your divorce proceedings and all related issues. Our law firm may also provide limited representation for you with respect to certain issues related to your family law matter. If you decide not to hire an attorney, we can also do the drafting of the documents for you. You can call us now for a free consultation at 818-739-1544 extension 10.
By Norman Gregory Fernandez, Esq. © 2006
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