An Overview About Divorce Law In California

What is Divorce?

It is the ending of a marriage legally. Each state has its own requirements on how to go through the process and get a divorce. There is a requirement that a judge need to review and then approve the settlement. However, if there is no agreement made when it comes to settlement, the judge will then decide on how to divide the property and determine the parenting time.

California Divorce

The marriage will be dissolved and be granted when the court finds that there has been “irreconcilable differences” that led to the ending of the marriage.

Filing

You can start off the process of divorce without a need of a lawyer. All you have to do is to fill out few standard forms. You can get these straight from the official website of California courts. It is highly recommended to review each one of the form, then work your way out to the process.

If you are the one who will file for divorce, complete your petition by downloading the forms FL-100, FL-110, and FL-115. If you have children who are below 18, you need to fill up the forms FL-105/GC-120, FL-311, and FL-160.

If you have been served with the initial divorce papers, you need to have a response. Fill out the forms, FL-120, FL-330, FL-335, FL-105/GC-120, and FL-311.

Whether you are the petitioner or respondent, make sure that you are signing sworn statements right in front of a notary.

Property Division

This is one easy way to divide the property. The spouses may assign which items will be given to the spouse by buying out the share of the other. Or, the spouses can sell the assets and then divide among the proceeds of the sale.

When it comes to debts, all debts incurred during the marriage like credit card debt, car loan, mortgages, must be assigned to one of them. Do remember that a divorce order does not bind the creditors. Therefore, the creditors can still collect the debt incurred during the marriage from one of the spouses. It is highly advisable to pay off all marital debts right after the divorce has been finalized. This will save the spouses from future financial turmoil due to marital debts.

Annulment

This is an alternative to California divorce. If you believe that your marriage is not valid, then you can file for an annulment. This would only be resorted only when the ground that you file an annulment is based on what has been enumerated under law. Possible grounds for annulment are:

  1. you and your spouse are related by blood
  2. one spouse has been married before getting into the second marriage
  3. the spouse filing for annulment was below eighteen years old during the time he or she got married.
  4. there is fraud
  5. incurable physical incapacity
  6. unsound mind
  7. forced to get married

When you file for an annulment the process is similar to that of divorce. The court of California has narrowed down the steps on how to obtain one.

Filing for a divorce or an annulment can be a gruesome process to endure. To make sure that you go through it properly and no important matter left out, it would be advisable to hire an experienced and highly reputable lawyer. You can go to Berenji & Associates Los Angeles Divorce Lawyers. They have lawyers who have years of experience and have legally assisted quite a number of people who are going through a divorce.