Sometimes after you file divorce, you discover you need to change or correct your Petition for Dissolution of Marriage. Usually, you must amend a divorce petition because there was a mistake in the original filing. Sometimes a person amends the petition to change the case from divorce to legal separation or vice versa. This is not unusual, but it is important you handle the process correctly. Fortunately, you usually don't need a lawyer to amend a divorce petition. A People's Choice can help you throughout your divorce process, even if you need to make changes.
To file divorce in Riverside County, you must meet specific residency requirements. One of the parties in the divorce must have lived in California for at least six months. Also, that same party must have resided in Riverside County for at least three months to file there. The residence of the Petitioner or the Respondent can qualify. If one of the parties doesn't meet this residency requirement, consider filing for legal separation to allow time to meet residency requirements. Once you meet those requirements, you can move forward with your divorce filing in Riverside County.
Legal proceedings can be a complicated process. Sometimes, unexpected people and parties have an interest in the legal process. When this is the case, you must add them to the legal proceedings before you can fully resolve the case. You will use a joinder to do this. So what is a Joinder, and how does it affect a legal matter?
Most couples think their most valuable community property asset is their house. Surprisingly, however, the most valuable asset is often their retirement plan. Just as with other community assets, a divorcing couple must settle retirement division. In general, the law considers retirement benefits accrued during the marriage until the time of separation as community property. This article will explain the steps to divide retirement in divorce.
A court will not hear a case until the defendant or the opposing party has personally received a court summons and a copy of the complaint or petition. Usually, defendants receive these documents by personal delivery, substituted service, or service by mail. Unfortunately, serving legal documents gets complicated without the defendant's address. Here's what you need to know when serving legal documents with no address.
Obtaining a divorce in California is complicated and, as a result, can be a lengthy process. Some couples end up feeling as though they will never finish divorce in California and remain forever married. No matter what, there is always a minimum six-month waiting period before the divorce can be final, and the parties declared single. The final Judgment comes after the settlement, which covers property division, spousal support, and child custody and support. All in all, the divorce process can take a long time, particularly if you are trying to complete it on your own, without professional help.
A judge cannot hear a case without it satisfying two basic requirements: 1) the court has jurisdiction over the defendant and 2) it is proper venue. Proper venue means that the right court is hearing the case. With this in mind, there may be particular reasons that the statutorily "right" court is the wrong court to decide a case. For example, a party may request a change of venue if they fear they will not receive a fair hearing.
Divorced spouses often contact us with concerns that their ex-spouse won’t sign QDRO, a qualified domestic relations order. The courts use QDROs (pronounced "quaw-dro") to officially divide a former spouse's interest in a retirement plan or pension plan. If your spouse won't sign QDRO, then you will not be able to complete the process of dividing the retirement account . However, the spouse refusing to sign could find themselves held in contempt of court for refusing to do so. This article reviews options you may have if your ex-spouse is refusing to sign your QDRO.
California family courts will change a custody and visitation order if it is in the best interests of a minor child. The parent requesting the change must demonstrate the change is "necessary and proper". Here is what you need to know.
Are you waiting to complete your California divorce case? Is your divorce case taking longer than expected to get a divorce Judgment? At a minimum, divorce in California takes at least six months to complete. It is not uncommon, however, for a divorce case to take months or even years to complete. When a divorce is taking too long, a couple can file for divorce bifurcation in order to become "single" before their divorce is finished.