In California, the purpose of a dissolution of marriage is defined as ‘to restore the parties to the state of unmarried persons.’ This can only be based on the following grounds:
- Irreconcilable differences, which have caused the irremediable breakdown of the marriage;
- Incurable insanity (only upon proof). [Based on California Family Code – Sections: 2310]
Legal Separation In California
The grounds for a legal separation are the same as the grounds for a divorce. There are no residency requirements for legal separation. Once legally separated, the earnings and assets of each party are the separate property of the party acquiring the earnings or accumulations. [Based on California Family Code – Sections: 2310, 2320, 772]
Residency Requirements for California
A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of California for six months and of the county in which the divorce petition is filed for three months preceding the filing of the petition. The superior court of California has jurisdiction in proceedings under this code. [Based on California Family Code – Sections: 200, 2320]
These legal definitions and discussions just scratch the surface of the complexity and depth of California divorce law. While we will attempt to offer simplified explanations of all of the legal statutes involved in divorce and other family law matters via this blog, no amount of information can replace the advice and service of a qualified California divorce attorney.
The divorce lawyers at Wallin & Klarich have extensive experience representing our clients in divorce proceedings and protecting their rights under the law. The complexity of California divorce law can be a minefield. You need the knowledge and experience of attorneys to insure that your interests are being taken into consideration. Our divorce attorneys offer you the peace of mind to know that a qualified professional is at your service and we insure the best possible result for your case.
For more information on how we can help you, contact our Southern California divorce attorneys today for a free consultation of your case.
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