Divorce

divorce

In order to qualify to file for a divorce in California, either you or your spouse have to have been residents of California for at least six (6) months prior to filing your Petition for Dissolution AND three (3) months in the County before filing. Some states have a shorter residency requirement and some have a longer residency requirement. If you are here in California and your spouse has moved to another state, then you would be well advised to find out the residency requirement for that state. It is always better to have your case filed in your ‘back yard’ rather than in another state or even in another county. This cuts down on travel time to and from court; it cuts down on your attorney’s travel costs to and from court; it ensures that your assigned judge or commissioner is more familiar with your child’s schools, counselors, therapists, etc. It also ensures that your local judge is familiar with your geographical/residential area and with any special challenges you might have as a result.

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The term ‘divorce’ is somewhat outdated. The more modern term is ‘dissolution’ as the court ‘dissolves’ your marital status so that you are no longer married to your partner. California is a ‘no fault’ state which means that you do not need ‘grounds’ in order to dissolve your marriage. Instead, just stating ‘irreconcilable differences’ suffices. In other words, you can get divorced for any reason whatsoever and your partner has no basis to object. Also, because California is a ‘no fault’ state, neither spouse will be ‘punished’ for having caused the breakdown of the marriage by either taking a disproportionate amount of assets or debts nor by having less time with the children … unless the behavior has been so egregious so as to harm the children.

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If you and your spouse live in different states or counties and you BOTH satisfy the jurisdictional requirements for your state or county it often becomes a race to the courthouse.

To be assured that your case stays in your court, you should be ‘first to file and first to serve.’ This means that as soon as you know you have jurisdiction (6 months in the state and 3 months in the county) you should file your case AND get your case personally served on your spouse. If you delay and your spouse files and serves you first, then your case is going to be in the court local to where your spouse lives and not where you live. Even if you are not absolutely sure that you want this divorce to go forward, filing and serving first can serve as a precautionary measure to assure your case stays where you want it. You can always put your divorce case on hold if you and your spouse desire to attempt reconciliation.

The soonest you can actually be ‘divorced’ is six (6) months from the date you cause your Petition to be personally served on your spouse. This six month waiting period is called the ‘cooling off period’ and is meant to allow the parties to rethink their decision to dissolve the marriage. Assuming you go forward with your divorce, you will not automatically be divorced at that six month date. Your case must have progressed to a certain stage and depending on the facts of your case, you may have to resolve ALL disputes and be prepared to enter judgment on ALL issues before your marital status may be dissolved.

If you need an experienced attorney to assist you with your divorce, call CATHERINE A. VINCENT, Attorney at Law today for a FREE phone consultation.

Local Divorce Information

Murrieta is a fast growing city with over 100,000 residents. Murrieta has recently been recognized as one of the safest cities in the nation. There are many families in the Murrieta Valley area. With that unfortunately comes family disputes which sometimes result in divorce. The residents of Murrieta who are considering filing for divorce must file in Riverside County. Specifically the Hemet Family Law Division. Which is located at 880 N. State St., Hemet California. If you reside in Murrieta and are in need of an experienced attorney to assist you with your divorce call CATHERINE A. VINCENT, Attorney at Law today for a FREE attorney phone consultation.
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Temecula is a growing population. There are many families in the Temecula area. With that unfortunately comes family disputes which sometimes result in divorce. The residents of Temecula who are considering filing for divorce must file in Riverside County. Specifically the Hemet Family Law Division. Which is located at 880 N. State St., Hemet California. Our office is located in Murrieta which is just a short drive from Temecula. If you reside in Temecula and are in need of an experienced attorney to assist you with your divorce call CATHERINE A. VINCENT, Attorney at Law today for a FREE attorney phone consultation.
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The family court for Southwest Riverside County is located in Hemet California. Southwest Riverside County includes Temecula, Murrieta, Menifee, Lake Elsinore and surrounding areas. Hemet Family Court covers divorce, legal separation, paternity cases, custody matters, and even civil harassment restraining orders. Our office is just a short drive from Hemet. Our attorneys appear in Hemet Court often. Our attorneys have a good understanding of the dynamics of Hemet Court. If you reside in Hemet and are in need of an experienced attorney to assist you with your divorce call CATHERINE A. VINCENT, Attorney at Law today for a FREE attorney phone consultation.
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Our office is located in Murrieta California which is just a short drive from Canyon Lake. Property disputes can be complicated. Canyon Lake residents usually reside in homes that are high in value. When parties separate an issue as to who pays the mortgage can arise. Furthermore, the issue becomes not about who pays it, but how does it get paid? If the parties are separated and they are paying expenes associated with two households it makes sense that there may not be enough income or support to go around to pay the ongoing expenses of a high value community property residence. For many Canyon Lake residents the Vincent Law Group has had to file motions for expedited sales of homes to 'save the community equity'. Generally division of assets and debts occurs at the end of your case, however, when the mortgage isn't getting paid the community equity is now at risk of being lost to foreclosure. If this happens the Court will allow parties to 'bifurcate' the issue of placing the residence for sale to preserve that community equity. When the sale is ordered at the beginning of your case to preserve the equity the Court generally won't deal with dividing up the equity sale proceeds until the end of your case so it will order those funds be placed into a protected account not to be disbursed until an agreement of the parties or order of the Court. If you live in Canyon Lake and need an attorney familiar with high value property issues in a divorce call a firm you can trust. Call the Vincent Law Group and speak to an attorney for a free phone consultation today.
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