San Bernardino Divorce Attorney
Riverside Divorce Lawyer
If you are considering filing for divorce in California and you live in San Bernardino or Riverside counties, which are more commonly referred to as the Inland Empire, then contact our Family Law office for a FREE consultation at (909) 456-8830 today.
California Divorce Residency Requirements:
A person wishing to file Divorce in California must meet the following California residency requirements;
- Either you or your spouse must have lived in California for at least six-months (6 months); and
- Either you or your spouse must have lived in the county in which you wish to file for divorce for at least three months ( 3 months)
Ontario Divorce Attorney
Legal Separation
If you are considering divorce, you may first consider filing for Legal Separation from your spouse or domestic partner. Legal Separation may sometimes be the first step in the divorce process. Filing for legal separation may be considered short of a divorce where one of the parties has not yet California residency requirements or both parties wish to live apart from each other but are not yet certain that they wish to file for divorce.
The legal separation process starts with one party filing a petition for legal separation with the court located in the county in which the party has obtained residency. Once filed, the non-filing party is then served with the petition. Annulment
Although rare in most cases your marriage to your spouse or domestic partner me dissolved by an annulment. A judicial hearing is required for such a determination so you should consult an experienced family law attorney before pursing such a remedy. Call today for a free family law consultation .
Dissolution of Marriage (or more commonly referred to as Divorce)
Unlike a legal separation, which does not end your marriage a Dissolution of Marriage will terminate the legal marriage relationship. Once you have obtained a order from the court dissolving your marriage the you will be free to marry or enter into another domestic partnership.
The process starts with a divorce petition that is filed within the county and court in which the filer resides. The other party is then served with the divorce petition. The divorce petition must be “answered” within thirty days (30 days) after it has been served on the other party. If an answer is not delivered to the court that is hearing the matter then the party that has filed the divorce dissolution can ask the court to enter a default against the non-responding party. In addition, the court can make legal determinations that may affect property and custody rights of the on-responding party. If the other party responds within the thirty day (30 day) time limit then the court will proceed with the divorce case and both sides will have a series of hearings to determine such things as property, liabilities, child, and spousal support awards and orders.
Summary Divorce or Summary Dissolution
Some individuals may qualify for a summary divorce or summary dissolution as it is more commonly referred as. The process is usually easier and faster than a regular divorce action. The requirements for a summary divorce in California are as follows:
- There are no children;
- Married for five years (5 years) or less;
- Neither party own very much in terms of assets
- Neither party owe very much to creditors
- Neither party is seeking spousal support; and
- Each party can agree on how assets and liabilities will be divided upon dissolution
If you qualify for a summary dissolution then you will probably not be required to have your matter heard in a court hearing. If you meet the qualifications listed above then feel free to call our office today to discuss your case.
Call Today for a FREE initial consultation!
The Law Offices of Ryan P. McClure
8300 Utica Ave Suite #157
Rancho Cucamonga, CA 91730
(909) 635-2058
Contact a San Bernardino & Riverside Divorce Attorney at the Law Offices of Ryan P. McClure about your divorce in California.