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California Divorce FAQ |
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What Is A Legal Separation?
Another type of action, separate from dissolution, is a legal separation. A legal separation greatly resembles an action for divorce except that the parties are not free to remarry. One major advantage of filing a legal separation action is that, unlike dissolution, there are no residency requirements.
A legal separation is not to be confused with the date of separation as explained in "Facts About Divorce.” A person does not have to obtain a "legal separation" before filing a divorce. What are the grounds for legal separation or divorce?
Dissolution of the marriage or legal separation of the parties may be based on
Realistically, most divorces take between six and eighteen months. Very simple divorces can be completed in a much shorter period.
When does the waiting period begin?
The six-month time begins to run after the spouse not requesting the divorce have been served.
How much will my divorce cost?
How much the process costs really depends on the degree of conflict that has to be resolved.
What happens if I don't participate in the lawsuit?
If one spouse fails to answer the petition, then the spouse that filed the petition for dissolution can attempt to obtain a default judgment of dissolution and have that judgment entered. However, there are important steps that the petitioning spouse needs to take to accomplish that. The spouse who does not file a response risks having orders entered concerning property division, support and custody. It is important that both parities be diligent about participating in all phases of the dissolution process.
Can my spouse prevent me from getting a divorce?
California is called a "no-fault" state. This means that either spouse may divorce the other one for any reason. The consent of the other spouse is not required. This also means the court will not consider who is the nicer or better person in the divorce, or who did what to whom and when.
Will child or spousal support be ordered while the divorce is pending?
Once a divorce or legal separation has been initiated, temporary orders can be entered for child support, spousal support, custody & visitation and other issues pending a final dissolution.
What are the residency requirements to file for divorce in California?
One of the parties to the marriage must be a resident of California for six months. In addition, the party must be a resident of the county where the dissolution action is filed for three months immediately preceding the filing. There is no such residency requirement for nullity and legal separation actions.
Can one party get exclusive use of the marital house?
A court may order that one party gets exclusive use of the marital residence for a definite period. The party must bring the appropriate motion including valid reasons as to why that party should get exclusive use. The court may order exclusive use if, for example, there are allegations of domestic violence and the spouse and or the children are in danger. In fact, even if the abused spouse does not have legal or equitable title to the property the party who owns the residence may be ordered by the court to leave.
What do I do if I have an emergency that must be dealt with?
If circumstances warrant, the court may issue ex parte orders. Such orders are made in exceptional circumstances when the court concludes that immediate intervention is needed to address a significant problem. Such orders are the exception and not the rule. Ex parte orders can be requested and ruled on in a very short period - within a matter of a day or two.
What is an OSC?
OSC stands for Order To Show Cause. It is simply the name of the hearing where parties are asking for temporary orders or orders before trial or for modification of existing orders.
Why would I want an OSC?
This type of hearing is used because the court will set the hearing date relatively soon and issue temporary orders before trial. The court will not set a trial date until both sides have completed their disclosures and discovery, which may take several months. Parties often need orders long before trial and this type of OSC is referred to as an initial OSC. This is an extremely important hearing and may impact your case for a significant period. OSC's are also used to modify existing orders. This type of OSC is referred to as a post judgment OSC or Motion.
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