Does it matter who files for divorce first in California?

In California, it does not matter who files divorce first; meaning, if your spouse filed for divorce first, it does not impact the case. Unlike other states, it does not matter if a spouse was involved in adultery or why a party wants a divorce. The majority of divorce are filed simply due to the [...]

By |2018-06-17T17:49:08-07:00December 3rd, 2017||Comments Off on Does it matter who files for divorce first in California?

Do I have to pay my spouse’s health insurance after filing divorce?

If you were providing health insurance for your spouse before you filed for divorce, the answer is "Yes". In California, any existing health insurance policies must be maintained until a divorce is finalized. When a divorce is filed, a Summons is issued by the Court which specifically states, in part: "Starting immediately, you and your [...]

By |2018-06-17T17:49:08-07:00December 3rd, 2017||Comments Off on Do I have to pay my spouse’s health insurance after filing divorce?

What are the benefits of an uncontested divorce?

There are many benefits of an uncontested divorce. If a divorce is uncontested, this means that the parties are not spending thousands of dollars in court and attorney fees fighting over issues. When a divorce is uncontested, both parties remain in control of the divorce process. This means that both parties get to decide between [...]

By |2018-06-17T17:49:08-07:00December 3rd, 2017||Comments Off on What are the benefits of an uncontested divorce?

What is the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)?

The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) was created to help prevent one parent from going to a different state with the couple's children and then filing a custody action. Under the Uniform Child Custody Jurisdiction Enforcement Act, the court will look to see which state the child resided in and was the child’s [...]

By |2018-06-17T17:49:38-07:00July 2nd, 2017||Comments Off on What is the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)?

What is a default judgment?

A default judgment is an easy way to get a final divorce judgment, and can be obtained when the other spouse does not formally file a Response to the Petition. A "Default Judgment" can occur when the other spouse (the respondent) does not formally respond to the Summons and Petition for Dissolution. When a case [...]

By |2018-06-17T17:49:39-07:00October 19th, 2016||Comments Off on What is a default judgment?

What is the difference between separate and joint property?

Separate property is typically property that you owned before you got married. It also includes property that you inherited, even if you inherited it after you got married. Property that was acquired after the marriage but may be titled in only one of the parties' names is considered community property, not separate property. Joint property [...]

By |2018-06-17T17:49:39-07:00October 12th, 2016||Comments Off on What is the difference between separate and joint property?

How long does an annulment take?

An annulment always requires a court hearing. If the other side does not file a Response to the Petition for Annulment, a hearing can be requested 30 days after the date of service. At the hearing, a Judgment can be entered if the annulment is approved and the case is completed at that time. There [...]

By |2018-06-17T17:49:39-07:00October 12th, 2016||Comments Off on How long does an annulment take?

Is there a deadline to complete a divorce or legal separation?

There is no imposed "deadline" for two people to complete a divorce or legal separation but the courts do not want cases sitting idle and will ultimately dismiss the case if there is no activity over a long period. There are usually deadlines to file the Proof of Service and to file proof of completing [...]

By |2018-06-17T17:50:07-07:00October 12th, 2016||Comments Off on Is there a deadline to complete a divorce or legal separation?

How long does a legal separation take?

Since there is no termination date in a legal separation, a Judgment of Legal Separation can be submitted for processing 31 days after the date of service. This is based on the parties signing a Marital Settlement Agreement or the matter proceeding by way of default. The amount of time it takes the court to [...]

By |2018-06-17T17:50:07-07:00October 12th, 2016||Comments Off on How long does a legal separation take?

What happens if my spouse refuses to complete the Disclosures?

First, keep in mind that the mandatory Preliminary Disclosures (Step 2 in our process) are only required to be exchanged by both parties if they are signing a Marital Settlement Agreement or the matter goes to a full trial. If the other spouse does not file a formal Response to the Petition AND a Marital [...]

By |2018-06-17T17:50:07-07:00October 12th, 2016||Comments Off on What happens if my spouse refuses to complete the Disclosures?