The Law Office of Edward Misleh
The Law Office of Edward Misleh
Skip to content
  • Home Page
  • Areas of Practice
    • Divorce Attorney
    • Domestic Violence Attorney
    • Child Custody Attorney
    • Child Support Attorney
    • Spousal Support Attorney
    • Community Property Attorney
    • Guardianship Attorney
    • Family Law Attorney
    • Adoption Attorney
    • California Attorney Blog
  • Resources
    • Forms
    • California Attorney Blog
    • Our Office
    • Website Search
    • Site Map
  • The Law Offices
  • Contact Us

-

Divorce

Divorce Law Offices of Ed Misleh

Call (321) 951-9164 for Free Consult

You can file for divorce in California which will be more properly known as a dissolution of marriage.  A dissolution of marriage terminates the legal relationship you have with your spouse – it terminates the marital union.  Termination includes the ending of all legal duties and responsibilities that are created by marriage.   You need to consider the effects of filing for divorce and for filing as either a petitioner or as respondent.  If you are the petitioner, you will initiate the divorce proceeding.  If you are the respondent, you will wait to respond to your spouse’s filing for divorce.  There are advantages and disadvantages to both which you should understand before filing for divorce.


No Fault Divorce

What is a no fault divorce?  California is a “no fault” divorce state.  This means that you do not have to prove that your spouse did something wrong when you file for divorce.  But, you must have “grounds” – a reason for requesting a divorce.  In California, there are two grounds for divorce – irreconcilable differences and incurable insanity.  Irreconcilable difference simply means that you and your spouse no longer get along;  that there has been a complete breakdown of the marital relationship which beyond repair.  Incurable insanity requires medical proof that one spouse is incurably insane.


Residency Requirements

Can I file for divorce?  Can I file for divorce in California?  To file for divorce, you must prove that either you or your spouse are a resident of the state and the county where your divorce is filed.  By doing so, you establish jurisdiction and venue for a court to address your divorce proceeding.  Residency requirements require that:  (1) either you or your spouse has resided in California for at least six months prior to the date of filing, and (2) that one spouse has resided in the county where the divorce was filed for at least three months prior to the date of filing.  If you do not meet the residency requirements you can file for a legal separation.  Later, you can “convert” your legal separation to a divorce proceeding.


Simplified Divorce

What is a simple divorce?  Can I get a simple divorce?  California divorce has a process which allows married couples to file for a simplified divorce.  A simplified California divorce is much simpler and a less complicated method to obtain a divorce.  You may be eligible for this process if:

  • You and your spouse have agreed in writing to a division of your assets and debts.
  • You have been married for five years or less.
  • You have no children from the relationship.
  • Neither of you own a home or other real estate.
  • The value of all community property amounts to less than $25,000, excluding automobiles.
  • The value of either party’s separate property amounts to less than $25,000, excluding automobiles.
  • Your combined debts do not exceed $4,000, except for an auto loan.
  • Neither spouse is requesting spousal support.

Legal Separation

What is a legal separation?  What’s the difference between a legal separation and a divorce?  You remain “married” but are no longer part of a “community.”  This is often done for religious, insurance, or tax purposes.  A court will divide your property and issue orders relating to child custody, visitation, child support and spousal support, and, if necessary, a restraining order.  There is no residency requirement to file for legal separation.  You can get a legal separation without having lived in California for six months or your county for three months before filing.


Annulment

I want an annulment.  What is an annulment?  Can I get an annulment?  A California annulment, also known as a judgment of nullity,  is found when a marriage is either void or voidable.  You either never were in a valid marriage or your marriage can be invalid based on information newly discovered.  A California annulment may be granted only when a marriage is adjudged void or voidable under conditions provided by statute.   See Family Code §§2200–2201 (void marriages) and Family Code §2210 (voidable marriages).  When you get an annulment, you are not getting a divorce.


Bigamy

What is bigamy?  Am I am bigamist?  In brief, a marriage is void in cases of incest and bigamy, and is voidable in cases of minority, a current spouse mistakenly believed to be deceased, unsound mind, fraud, force, and physical incapacity.  A California annulment may not be granted on any other ground.  See Price v Price (1938) 24 CA2d 462, 466.  Further, the statutory grounds must have existed at the time of the marriage.  See Family Code §§2200–2201, 2210;  McDonald v McDonald (1936) 6 C2d 457, 460.


Starting Your Divorce

How do I start my divorce?  What do I do to start my divorce?  Before starting your California divorce, be aware that there is a six month waiting period for a divorce to be finalized.  This waiting period allows for the possibility that couples may reconcile before divorcing.  If one spouse passes away after filing for divorce, but before the final judgment is entered by the court, the case is dismissed.  While one spouse becomes a decedent, the other spouse becomes a widow or widower.  Put simply, you cannot obtain a divorce from someone who is deceased.  In California, you will be considered legally married when the estate is distributed.  The result being that, as a spouse, you may inherit all community property that could have been divided during divorce.


Divorce Process

How do I get a divorce?  What is the process to get a divorce?  In California, the divorce process begins when one spouse decides they want to get a divorce and files a Petition with a Superior Court in the State of California.  In California you will file your Petition at the William R. Ridgeway Family Relations Courthouse.  The spouse who files a Petition to begin the divorce process is the “Petitioner.”  Once filed, the Petitioner must “serve” the other spouse with copies of the divorce paperwork.  The spouse served with the petition is called the Respondent.  The Respondent has 30 days to file a Response to the Petition.  The Response is notice to the Court that the Respondent wishes to participate in the divorce proceedings.


Divorce Petition

What is a divorce petitioner?  What do I do if I am served with a divorce petition?  To file for divorce of a marriage in California you must file a California divorce petition.  To qualify for the filing of a divorce, either you or your spouse must have lived in California for 6 months prior to the date of filing and in the county where you are filing your case for at least 3 months prior to the date of filing. If you do not meet these requirements, you can file for legal separation, then file an amended California divorce petition in the county in which you live once their residency requirements are met.

What does a divorce petition do?  What does it mean?  The filing of a California divorce petition begins your divorce proceeding after which you must address any other issues which may be affected by your divorce, such as:  child custody, child support, spousal support, division of community property, and attorney fees.
Click on the following link to download a free copy of a California Divorce Petition that is used in all California courts.
File Download (PDF File): fl100 – marriage petition


Divorce Petition and Summons

What is a petition?  What is a summons?  A proceeding for dissolution of marriage or for legal separation of the parties is commenced when you file a petition.  In the petition, you will state certain facts:  the date of marriage, the date of separation, the  number of years from marriage to separation, the number of children of the marriage, and the age and birth date of each minor child of the marriage.

Before filing,  you must review the information in the Petition and Summons carefully, as this will begin the divorce process and let the Court (and the other party) know your intentions.  The information entered on the initial paperwork will let the Court know the basic facts regarding your marriage.  You will enter information such as the length of the marriage, children of the marriage, and whether or not you will be requesting child support or spousal support.

A copy of the petition, together with a copy of a summons, needs to be served upon the other party to the marriage.  It is important to note that you can not personally serve your own divorce papers.  Service must be completed by someone other than yourself.


Response

What is a response?  If no response is filed and you are not making a demand for money, property, costs, or attorney’s fees in the petition, the judgment of dissolution of marriage can be entered by default.  In that case, you do not need to file an income and expense declaration or property declarations for the Court to distribute community property.


Respondent Does Respond

What do I do if I get a response?  If the Respondent files a Response to the Petition, both spouses will then be required to exchange financial information about their respective incomes and property;  property includes any interest in any real property, investment, or any other financial transaction.


Respondent Does Not Respond

What happens if I do not respond?  Should the Respondent fail to file a Response, the divorce process will continue without the Respondent’s participation.  The Petitioner can then prepare a default judgment.  In the judgment package, the Petitioner can request court orders for child custody, child visitation, child support, spousal support, attorney fees, and the division of all marital property.  The divorce process ends and becomes final 6 months and one day after the Respondent is served.


Divorce Forms

What forms do I need for divorce?  There are a number of divorce forms that you may need when filing for a dissolution of marriage in California.  The divorce forms you will need depends on the length of marriage, whether or not if you have children, and the amount of community property you have accumulated.


Initial Divorce Forms

What divorce forms do I need to start my divorce?  The initial divorce form used is by the “Petitioner” who files a Petition in the Superior Court for dissolution of the marriage.  In this divorce form, the Petitioner asks the court to dissolve the marriage and to deal with any issues between the parties arising out of the marital relationship such as child custody, child support, spousal support, property division, debt division, payment of attorney fees and court costs, etc.  How your case is subsequently handled depends on what your spouse does.  Your spouse, who is now known as the “Respondent,” can either not file a Response to the Petition,  cooperate to settle the case by way of agreement or,  can file a Response and contests the issues in the case.
Click on the following link to read further instructions for filing divorce forms in California:
File Download (PDF File): How to Use


Request for Order

What is a request for order?  If one or both of the parties need the Court to make orders before trial, either can file a Request for Order.  This is often done to establish temporary child custody, child visitation, child support, spousal support, attorney fees, or to obtain a temporary restraining order.  Both parties will be required to appear in court to explain their position.


Mandatory Settlement Conference

What is a mandatory settlement conference?  What happens at a mandatory settlement conference?  This is the pre-trial meeting at which both parties are ordered to appear with their attorneys.  At this meeting the parties will attempt to settle as many issues as possible before the trial.  A Marital Settlement Agreement is drafted if the parties be able to settle the entire case.  If not, all unresolved issues will be set for trial.


Trial

What is a trial?  What happens at trial?  At trial, each party’s attorney presents their arguments and offers evidence to support those arguments.  At the conclusion, the judge will makes orders on all unresolved issues.  The judgment is prepared and approved by the divorce attorneys and then submitted to the court for the judge to sign.


Final Judgment

How do I complete my divorce?  How do I  end my divorce?  How do I finalize my divorce?  Your California divorce will be final when the court issues a judgment which will be at least six months after your spouse was served with the petition for dissolution.  The court does not automatically end your marriage when the six months have passed.  You cannot legally remarry until you obtain a judgment even if the six months have passed.


Modifications

How do I modify my divorce?  How do I modify child support?  How do I modify child custody?  How do I modify spousal support?  Even after the court signs the judgment, some orders can be modified.  Modifications are usually requested for child support, custody, visitation, and spousal support.


Automatic Temporary Restraining Orders

What are restraining orders?  How do restraining orders affect my divorce?  There are temporary restraining orders that go into effect automatically when the divorce process begins, which includes;

  • Neither spouse is allowed to take your minor children out of state without the other spouse’s written permission or a court order.
  • Neither spouse is allowed to cancel or change the beneficiaries on your insurance policies or transfer property.
  • Either spouse is required to notify the other before any out-of-the-ordinary spending—and be prepared to account for such expenditures to a judge.

Marriage Contracts

What is a marriage contract?  How do I get an marriage contract?  What is a prenuptial agreement?  What is a postnuptial agreement?  Should I sign a prenuptial agreement?  Should I sign a postnuptial agreement?  Couples often consider prenuptial and postnuptial agreements.  The difference being that one is entered into before marriage while the other is entered into after marriage.  Both agreements are contracts that characterize the parties’ assets, distribution of those assets, and/or other specific interests.  Both documents require specific language and “disclaimers” for them to be enforceable.  What is often at stake is community property or potential community interests which must be disclosed.  You must also characterize any property which may be at issue.


CALL NOW TO MAKE AN APPOINTMENT FOR A CONSULTATION
321-951-9164

Law Library

Starting Your California Divorce

Divorce Lawyer

Divorce Attorney Fees

Grandparent Grandchild Visitation

Facing Divorce

Fathers Divorce Rights

Putative Spouse

Bad Marriage

Inexpensive Divorce

Military Divorce Issues

Divorce Residency Requirements

Understanding Your Divorce

Divorce Process

Summary Dissolution

Death of a Spouse During Divorce

Military Divorce Jurisdiction

Annulment

Legal Separation

Divorce

Ex Parte Orders

Common Divorce Tactics

Divorce Papers

Divorce Assistance

Emergency Protective Order

Marriage Benefits

Marriage Problems

Other Divorce Problems

Getting Out of a Bad Marriage

Inexpensive California Divorce

California Divorce Process

Automatic Temporary Restraining Orders

Ex Parte Relief

Attorney Fees

Service of Process

ATROS

California Divorce Guide

California Divorce Information

Burden of Proof

Child Abandonment

Date of Separation

Valid Marriage

Death During Divorce

Simple Divorce

Dirty Divorce Tricks

Dirty Divorce Tactics

Military Divorce

Service Member Benefits

Spouse Dies

Web Site Search

This disclaimer provides that any information provided on this website by The Law  Offices of Edward Misleh, APC is strictly informational and should not be interpreted or considered as legal advice.  If you have a legal concern, you should contact our office to speak with a licensed California Attorney.  Delaying to contact an attorney could result in harm to your interests.

Attorney-Client Relationship

No Attorney-Client Relationship Created by use of this Website: Neither your receipt of information from this website, nor your use of this website to contact The Law Offices of Edward Misleh, APC or one of its attorneys creates an attorney-client relationship between you and The Law Offices of Edward Misleh, APC. As a matter of policy, The Law Offices of Edward Misleh, APC does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. Accordingly, you should not use this website to provide confidential information about a legal matter of yours to The Law Offices of Edward Misleh, APC.

Contacting us by telephone, email or other means, or transmitting information to us, will not establish an attorney-client relationship. The attorney-client relationship can only be established after we have determined that we are able and willing to accept the engagement and we have entered into a written engagement agreement. Until then, do not send any confidential information to us unless we specifically request it. Information communicated without such authorization may not be treated as confidential, secret or otherwise be protected from disclosure, and The Law Offices of Edward Misleh, APC will not be precluded from representing parties adverse to the sender of such information in any matter.

No Legal Advice Intended

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

No Guarantee of Results

Many of the practice summaries and individual attorney biography on this website describe results obtained in matters handled for The Law Offices of Edward Misleh, APC clients. These descriptions are meant only to provide information about the activities and experience of our attorney. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our attorney; and, you should not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or attorney.

Third Party Websites

As a convenience, this website may provide links to third-party websites. Such linked websites are not under the control of The Law Offices of Edward Misleh, APC, and The Law Offices of Edward Misleh, APC assumes no responsibility for the accuracy of the contents of such websites.

No Warranty or Liability

The information in this site is provided “AS-IS,” without representation or warranty of any kind, either express or implied, including, without limitation, any representation or warranty as to suitability, reliability, applicability, accuracy, merchantability, fitness for a particular purpose, non-infringement, result, outcome or any other matter. We do not represent or warrant that such information is or will be up-to-date, complete or accurate, or free from errors, viruses, spyware, malware, adware, worms or other malicious code, or will function to meet your requirements.

You agree that we are not liable to you or others in any way for any damages of any kind or under any theory arising from this site, your access to or use of or reliance on the information in this site, including, but not limited to, liability or damages under contract, tort or other theories or any damages caused by lost data, malicious code, denials of service (including computer crashes), business interruption or other commercial damages or losses, even if we may have been advised of the possibility of such damages.

Authorized Practice of Law

The jurisdiction in which our attorney is licensed to practice is in the State of California. The ability of our attorney to engage in any activities on behalf of a client outside that attorney’s state of licensure is subject to state statutes and professional codes and court rules. The Law Offices of Edward Misleh, APC does not seek, and this website is not intended to solicit, legal employment outside our attorney’s states of licensure that would constitute the unauthorized practice of law.

Intellectual Property Owned by The Law Offices of Edward Misleh, APC

Except as otherwise noted, all trademarks, photographs and other artwork, video clips, and written materials used in this site are protected by copyright laws and are owned or licensed by The Law Offices of Edward Misleh, APC. You may download information from our site for your temporary, personal, non-commercial use only. None of these items may be copied, reproduced, downloaded, posted, transmitted, broadcast or otherwise distributed in any manner without our prior written consent.

Privacy Policy
Site Map
Avvo - Rate your Lawyer. Get Free Legal Advice.
We gladly accept Visa, MasterCard, Discover, American Express.
Copyright 2023 The Law Offices of Edward Misleh, APC
Web site hosting by All Brevard Web Sites