Can a Divorce That Is Final Be Opened Up Again for Any Reason in California Court

Become answers to mutual questions about divorce in California.

California was the first land to implement the "no-mistake divorce" concept. This means neither spouse has to accuse the other of marital misconduct; if the union has broken down due to irreconcilable differences, the couple can get a divorce.

This commodity answers some ofttimes asked questions about divorce (legally referred to as "dissolution of marriage") in California.

What are the grounds for a divorce?
Are at that place whatsoever residency requirements in order to obtain a dissolution of marriage?
Afterward the dissolution case is filed, how long does information technology have to get a divorce?
What is the process for getting a divorce?
What else should I know?

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What are the grounds for a divorce?

California was the first state to adopt the "no-fault divorce" concept. In California, a dissolution of marriage can be granted if the court finds that "irreconcilable differences" accept acquired an irrevocable breakdown of the spousal relationship. In effect, this simply means that a married person who wants to stop the union tin do so, even if the other spouse wants to stay together.

Are in that location whatever residency requirements in order to obtain a dissolution of wedlock?

Aye. To get a divorce in California, at to the lowest degree one of the spouses has to have been a resident of the state for at least six months before filing the divorce petition. Y'all must likewise live in the county where you lot file the divorce petition for at least three months before filing.

Subsequently the dissolution case is filed, how long does information technology take to get a divorce?

Once you file the divorce petition and serve it on your spouse, you volition have to wait at to the lowest degree six months for your divorce to be finalized.

What is the procedure for getting a divorce in California?

If you take been married for less than v years, have no children, don't own real manor, and have relatively limited property and debts, you may qualify for a summary dissolution. This is a simpler process, which generally doesn't crave an advent earlier a judge. You and your spouse must create an understanding virtually how you volition divide your holding and debts, and file it -- along with a joint divorce petition and other required forms -- with the court. Although you lot still have to wait six months before your divorce becomes final, you don't accept to become through a lot of the procedures and appearances required for a regular divorce. You can discover more information on summary dissolution in California in, "California Summary Dissolution: The Simple Divorce".

If you don't qualify for a summary dissolution, a typical dissolution of marriage requires the following steps:

1. One spouse files a divorce petition and serves it on the other spouse (called the respondent).
2. The respondent and then has 30 days to file a response to the petition.
3. I of the spouses may request temporary court orders by filing for an Order to Show Cause hearing. At this hearing, the gauge will brand temporary child custody, back up, and restraining orders.
4. The spouses then engage in discovery, which is the procedure past which they exchange information and documents that are relevant to the divorce. I of the required aspects of discovery is the training of the Preliminary Declaration of Disclosure. This is a courtroom form in which each spouse lists the community and divide property. As part of this disclosure, the parties are also required to commutation income and expense declarations.
5. After the discovery is complete, the spouses and their attorneys (if they are represented) will discuss settlement of the case. If the instance is resolved by understanding, one of the attorneys will prepare a Marital Settlement Agreement, which should include all of the terms of the agreement. This is a contract that is signed by the spouses and their attorneys.
6. If the parties are non able to agree on all of the problems in the case, a trial volition take place.
7. Later the parties sign the Marital Settlement Understanding or later the trial has ended, one of the attorneys will prepare a Judgment of Dissolution of Marriage. This is the certificate that contains all of the court's orders. The judgment is filed and the court mails a Observe of Entry of Judgment to each attorney.

For more than on your options to proceed with a divorce, come across The Divorce Process.

What else should I know?

If you're considering a divorce, there are several major issues you accept to consider. You'll need to empathise how property and debt will be separate between you and your spouse, who will become custody of any children, who will pay child and or spousal support (pension), and how much. You tin find legal information on all of these topics and more than in our department on California Divorce and Family Laws.

Take our divorce quiz for assistance deciding how best to proceed with your case.

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Source: https://www.divorcenet.com/states/california/cafaq04

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