Divorce
Click on a Question Below:
What is the difference between a legal separation and a regular divorce?
- A legal separation does not end a marriage or domestic partnership. You can't marry
or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to
get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious reasons.
In a legal separation case, you can ask the judge for orders like child support,
spousal support, partner support,
custody and visitation,
domestic violence restraining orders
, or any other orders you can get with a divorce case.
- A divorce (also called "dissolution of marriage" or "dissolution of domestic partnership") ends your marriage or domestic partnership. After you get
divorced, you will be single, and you can marry or become a domestic partner again. If you get divorced, you can ask the judge for orders like orders like child support,
spousal support, partner support,
custody and visitation,
domestic violence restraining orders, division of property, and other orders.
What can I do to make my divorce faster and cheaper?
Planning your case can save you time and money. Before you start your case, think about how you are going to handle it. You could save money and time if you talk to a lawyer, visit the "family law facilitators" office at the courthouse, consider doing your documents yourself or getting assistance from a paralegal/legal document preparer. No matter what your choose, take the time to do some planning before you start.
Before knowing what the issues will be and what might happen under the law and the facts of the case, no one wants to take the chance of asking for too little. So people tend to ask for more than they really expect.Like when you read in the newspaper that someone has filed a "10 million dollar lawsuit", what is demanded in the Petition or Complaint usually has little real meaning.
How long will it take for my divorce to be completed?
A divorce is usually not a quick process. The soonest you can terminate your marital status is six months and one day after the Respondent was served before the divorce becomes final (this is commonly referred to as a "waiting period"). Other issues of the case can take a longer or shorter time to resolve. The timing of resolution may depend upon the amount of information to gather, the emotional state of the participants, and the complexity of the issues to resolve. Mediation can typically result in an agreement in weeks or months. In contrast, a litigated case can sometimes take up to a number of years to conclude.
Will I automatically be divorced in six months?
In California, you can obtain a divorce no sooner than six months from the date the
Petition is served. If the other issues of the divorce (i.e. property division, support and parenting
issues) are not resolved within this six month time frame, you are entitled to request a "bifurcated
Judgment."
This is a fancy term meaning that your status as a married person is separated from
the other issues in your case, and a judgment terminating your status as a married person is
obtained. This does not happen automatically.
If you want to terminate your marital status
before the other issues of your case are resolved, you must affirmatively ask the court for relief.
It will not magically happen at the six month mark.