Does a party need to be a resident of the State of California to file for divorce?
Residency Requirements - Jurisdiction Answer: To file for divorce (called "dissolution"), at least one spouse must have lived in the state for six months and in the county where he or she files the court papers for three months. A form called a "petition" must be filed with the clerk of the court in the county where either spouse lives. Parties with very low incomes may file documents requesting a waiver of the filing fees. If your residency does not qualify you to file for divorce, please consult our office about the possibility of filing for a legal separation. |
Where do I look to find answers about which court has custody jurisdiction if more than one state is implicated in our custody proceedings?
Jurisdictional ISSUES Answer: A good place to start (but not the sole resource to answer all of the possible questions) would be Family Code Sections 3400 through 3412. The California Code Sections referred to are known as the Uniform Child Custody Jurisdiction and Enforcement Act. This is a complex area. You will need to help us ascertain which State is the child's "Home State". Family Code Sections 3421 through 3430 raises issues of which court has the "Continuing Exclusive Jurisdiction" over your case. Please telephone us at 760-944-5529 or toll free at 866-632-6459, so we can help you determine how to proceed. |
Must I take action if I am served with a Summons (and Petition)?
Service of Divorce Summons Answer: Yes. By way of general information only, the summons is a paper warning that one spouse has filed for divorce. There are deadlines that arise once the summons is served. The summons contains automatic orders such as that neither spouse can sell or give away any property, change any insurance, or take any children of the marriage outside the state of California without the written consent of the other spouse or order of court. The specifics should be addressed with an attorney. |
How does a party initiate a request for support or custody?
Support REQUEST Application Answer: Any party seeking relief should consult an attorney for specific advice. Generally, after the papers are filed with the clerk's office, one of the spouses may file forms asking for a hearing at which a judge will decide temporary custody, visitation, and support issues. Other issues that might be decided before the divorce is completed include temporary use of property, restraining orders, or orders for one spouse to pay the other's attorney fees and court costs. If the spouses are not able to reach a permanent agreement on these issues, the court will ask each of them to write up their positions and submit them to the court. A trial date is then set to have a judge decide the issues. |
Can my Court Order ever be modified?
| Answer: Under California Law, certain orders may be modified after a final judgment has been made. Custody, child support and spousal support orders may be modified in certain instances: As a general rule only and not to be construed as specific legal advice, the court will ordinarily not modify the provisions in your judgment which set forth the division of the parties' property. In some instances, a party may bring a motion to set aside in accordance with the Code of Civil Procedure Section 473(b) or Family Code 2120 et seq. if the statutory deadlines are met. Custody and visitation orders modifiable when a party can meet certain legal standards: Child custody and visitation orders are generally modifiable whenever the court finds a modification is "necessary or proper" and in the child's best interests. [Ca Fam 3022]. Typically, the parent seeking a modification must show a "significant change of circumstances" that would support such a modification. Child support orders modifiable: Even if the parties have agreed that support may not be modified, child support may be modified at any time to comport with the mandatory California child support guidelines. Special rules apply to the modification of spousal support and family support. To learn more about whether the court ordered provisions of your judgment or stipulation and order are modifiable, please contact our office at 760-944-5529 or toll free at 866-632-6459. |
Why does the Court require financial or disclosure documents to be filled out?
Financial Disclosure Forms Answer: Disclosure: Both spouses are required to disclose/exchange information about income and expenses, property, and debts before any trial can take place or before the parties reach any final agreements. The Court website has special forms for this purpose. Certain of the forms do not have to be filed with the court, but the court must be given proof that the spouses gave each other the information. |
How Soon Will My Divorce Be Final?
| Answer: Generally, a divorce cannot be granted until at least six months after the other spouse is notified of the filing of the petition. Neither party can remarry legally until after that date. The attorneys (or spouses, if they are acting as their own attorneys) have to prepare a number of papers for the judge to review and sign in order for the divorce to become final. An attorney should be consulted for more specific information. Contact our office at 760-944-5529 or toll free at 866-632-6459 to speak with our lead counsel, Lisa R. Zonder. |
What are the grounds for Divorce in the State of California?
Grounds For Divorce Answer: In California, you can end a marriage for two reasons: irreconcilable differences or incurable insanity. Unlike other states, such as New York, you do not need to allege/prove fault to obtain a divorce. |
What is the role of the San Diego Superior Court in connection with my family law matter?
San Diego Superior Court Answer: The superior court hears all family law matters including divorce, child custody, child support, and domestic violence. The court has additional services including mediation services in connection with child custody and visitation problems. The Court has authority to issue temporary and permanent restraining orders. Additionally, the Court may issue orders respecting child custody and visitation, child and spousal support, attorney fees and court costs, and use of property. |
What is a Summary Dissolution?
| Answer: Generally speaking, couples who have been married less than five (5) years, have no children together, have very little property or debt, and can agree on how to divide their property and debt may obtain a summary dissolution. That means they have to fill out official divorce forms jointly and file them in the court, but they do not need a court hearing. There are more specific requirements. Some information and forms for a summary dissolution, such as Form 1295.11, Summary Dissolution Information are available on the Court's website, but an attorney should be consulted. Contact our office at 760-944-5529 or toll free at 866-632-6459 to speak with our lead counsel, Lisa R. Zonder. |
I have not yet lived in California for six (6) months, but want out of my marriage, do I have any choices?
| Answer: A party encountering this problem must consult a lawyer. Generally, couples may separate by mutual agreement or by court order. Couples wanting a legal separation file the same papers and follow the same process as those couples filing for divorce. There is no residence requirement. |
What do I need to know about Child Custody?
| Answer: Parents who separate will need to have a child custody arrangement. In California, either parent can have custody or the couple can share custody. The judge makes the final decision but usually will approve the arrangement both parents agree upon. If parents cannot agree on long-term custody, the judge will arrange for temporary custody until long-term custody is ordered. The judge usually will not make a decision until after the parents have talked with a mediator. Mediation: If parents are unable to agree on custody and visitation without help, the court will provide a court mediator to help them resolve their disagreement. Parents may also retain a private mediator. |
What is the next step if mediation fails?
| Answer: Court Hearing: If mediation does not work, the judge will listen to both sides of the dispute in a court hearing and then make a decision. In some courts, the mediator may make a recommendation to the judge. San Diego is a recommending county. Ask the mediator what the policy is in your court. The judge may also appoint an evaluator to help assess a parenting arrangement that is in the best interest of the child. A parent may request such an evaluation, but the request may not be granted. Parents may be charged for some or all of the evaluation costs if they can afford them. The court may also appoint separate attorneys for children who are the subject of a custody dispute. |
What are the child support guidelines?
| Answer: California has a child support guideline that is used in all cases to determine the proper amount of child support. The factors that should be considered are the income of the parents and the amount of time they have responsibility for taking care of the children. In addition to the basic amount of child support, the guideline provides that parents share the costs of daycare necessary for the parents to work and non-reimbursed medical expenses. Child support may also include expenses to meet special needs, such as tutors and transportation to visits with each parent. Both parents will be ordered to keep their child covered by medical insurance if it is available at no cost or at reasonable cost to both parents. Parents who are divorcing or separating may agree on the child support plan, but a judge must approve the amount of child support payments. When parents cannot agree on child support, the judge decides what the payment amount will be. Either parent may later ask the judge to change the amount if there has been a significant change of circumstances. See Form 1285.79, Information Sheet on Changing a Child Support Order. Each county has a family law facilitator who is available at no cost to help prepare forms, calculate child support according to the guideline, and provide information about how the court makes child support decisions. The facilitator can also help parents who need to collect child support that the court has ordered. In addition, each county has a local child support enforcement agency that can help parents collect child support at no charge. Child support payments are usually made until children reach the age of 18, or age 19 if they are still in high school. |
What domestic violence orders are available to me?
| Answer: Domestic Violence California superior courts can issue orders to protect people from the violence or threats of violence of family members or people they date or live with. In such a case, a temporary restraining order may order a violent person to stay away from the home or to move out and not return. It also can contain other orders required to ensure a victim's safety. In addition, a restraining order can say who has temporary custody and visitation of children, who has temporary possession of certain property, who pays child support, and who pays certain bills. A person who feels physically threatened by a spouse or someone living in the home, or who is constantly annoyed by someone, needs to fill out a series of domestic violence prevention forms available from the court clerk's office in order to obtain a temporary restraining order. Generally, the person may appear before a judge the same day to request an order that is good for up to 20 days. A court hearing will be scheduled to determine if a restraining order should be continued for up to three years. Order After Hearing: An Order to Show Cause hearing is held within 20 days to determine whether the judge should issue a restraining order that is good for three years. Afterwards, the judge may issue an Order After Hearing, which can order the same things a Temporary Restraining Order can. It also can provide for child support, restitution, and counseling. Judges usually will allow the accused spouse to explain his or her side before issuing the order. Check with the court clerk's office for a free booklet on orders prohibiting domestic violence and how to fill out the necessary forms. |
Where can I get more information?
| Answer: If you want more information about divorce and other family law matters, consult with an attorney in our firm at 760-944-5529 or toll free at 866-632-6459. In addition, each court has a family law facilitator to help parents with child, spousal, family, and medical support questions. Some facilitators can help with other family law problems, and some courts have special self-help centers for people with family law questions. You should ask to see if you qualify for free legal services from a legal aid or legal services program. You can visit the Court's web site at: www.courtinfo.ca.gov/programs |
Can a party serve the summons on his/her spouse by personally handing it to the other spouse?
Delivery of Summons/Service Answer: No. The person filing for divorce must have someone 18 years or older personally deliver the summons, petition, and any other papers filed with the court, along with a blank response form, to his or her spouse. If the spouse cannot be located, the judge may approve a different way to notify the person that a court case has been opened. These issues should be addressed with an attorney. |
How does a party initiate a request for support or custody?
Custody REQUEST Application Answer: Any party seeking relief should consult an attorney for specific advice. Generally, after the papers are filed with the clerk's office, one of the spouses may file forms asking for a hearing at which a judge will decide temporary custody, visitation, and support issues. Other issues that might be decided before the divorce is completed include temporary use of property, restraining orders, or orders for one spouse to pay the other's attorney fees and court costs. If the spouses are not able to reach a permanent agreement on these issues, the court will ask each of them to write up their positions and submit them to the court. A trial date is then set to have a judge decide the issues. |
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