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Dissolution of Marriage

Dissolution of Marriage is the legal term used in California for what most refer to as a Divorce.

Dissolution of Marriage ends the legal marital contract between two individuals. California is a “no fault” state, which means the Court only needs to find that “irreconcilable differences” have arisen causing the irremediable breakdown of the marriage. To obtain Dissolution of Marriage, at least one spouse must have been a resident of the state for at least six months prior to filing the divorce Petition and of the county (where the divorce action is filed) for at least three months prior to the filing of the Petition.

Legal Separation
Is a process much like a Dissolution of Marriage proceeding. A Petition for Legal Separation is filed and the parties’ property is divided. However, the parties’ marital status remains intact. A Legal Separation does not legally end the marriage.

Reasons people choose a Legal Separation over a Dissolution of Marriage include:
1) for religious reasons;
2) due to insurance or other benefits or
3) they have not met the residency requirements to obtain a Dissolution of Marriage.

Child Custody and Visitation
Child Custody refers to the rights and responsibilities for taking care of the children of the relationship/marriage. Visitation is how much time each parent will spend with the children. There are two types of Custody, legal and physical.  Legal custody refers to the decision making pertaining to the children (i.e. health care, school and welfare). Physical custody refers to which parent (or both parents in the case of joint physical custody) the children live with. Orders pertaining to child custody and visitation are determined on a temporary basis while the dissolution of marriage is pending.  Permanent custody and visitation orders are determined at the conclusion of the dissolution of marriage. After the dissolution is concluded, a permanent order may be modified if there has been a material change in circumstances since the permanent order.

 

Tips for Dissolution of Marriage

Hire a skilled divorce attorney who understands the nuances of the unique California divorce laws and has experience in handling divorce cases in your county.

Get your finances in order: Gather all your financial records related to your debts, assets, income, and expenses. Organize everything to assist your lawyer in developing a comprehensive picture of your financial situation.

Make a plan for your future: Ask yourself what your priorities are and what your best outcome is from the divorce. Determine what is most important to you and focus on that.

Protect your privacy: Avoid discussing your divorce on social media, online blogs or any place where it could be accessed by your soon-to-be-ex and their attorney.

Prioritize taking care of yourself: Divorces are known to be physically, mentally, and emotionally exhausting. Practice a daily self-care routine like meditation, yoga, exercise or anything you enjoy doing to maintain your physical and emotional wellbeing.

Keep your kids out of the fight: It can be tempting to use your kids as leverage or involve them in the proceedings. However, it is preferable to keep them out of the divorce and shield them from any negative experiences during this period.

Avoid letting emotions take over: Always try to remain calm and composed even in the most difficult situations to avoid losing credibility or acting out of character.

Stay informed: Keep up-to-date with your rights and obligations throughout the divorce process. Stay in touch with your lawyer and ask questions to understand every detail of the proceedings.

Don’t rush: Take your time and make informed decisions. Rushing decisions can lead to delays in getting the most appropriate and fair settlement that you want. The divorce process could be a long and complicated one, but it pays to take time to get it right.

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