If you are going through a divorce in the State of California, it is essential to understand how to protect your rights. A divorce can be a difficult matter for many families and depending on the factors of each case, the process can cause unnecessary stress. The Claremont divorce attorneys at RM Law Group LLP are highly experienced in family law and have the skills and expertise necessary to protect you. We help men and women file for divorce, and assist with child custody, spousal support and restraining orders when necessary.
California Divorce Law Basics
In California, the divorce process is commonly referred to as a dissolution of marriage. In order to file for divorce, the following factor must be present:
- Residency requirements – In order for you to be able to file for divorce in the State of California, either you or your spouse must have been a California resident for a minimum of 6 months prior to petitioning. It is also required that the petitioning party reside in the county where the process will be commenced for a minimum of 3 months prior to the filing.
Legal grounds for divorce in California
If you seek to file for divorce in the State of California, you will be able to do so under:
- Irreconcilable differences – These differences would have caused irreparable damage to the marriage.
- Incurable insanity – Where only with medical proof, the petitioning spouse will be able to file for divorce. The need for a psychiatric testimony will usually be required.
Filing for an Annulment in the State of California
An annulment to a marriage can be acquired by having a court determine that the domestic partnership or marriage was not legally valid. In most cases, the following elements must be present in order for a domestic partnership or marriage to be considered void, invalid, or voidable:
- An incestuous union;
- A union created through methods of force, mental incapacity, or physical incapacity; or
- At least one spouse entered into the domestic partnership or was married at an unlawful age.
The Process of Filing for a Divorce in California
In order to begin divorce proceedings, the petitioning party will need to file a Petition for Dissolution of Marriage and Summons. This petition will need to be filed with the appropriate court, within the appropriate jurisdiction. Once the petition has been filed, the petitioning party will need to serve the other party, also known as a respondent, with copies of the documents.
Contact A Skilled Claremont Family Law Attorney Who Will Protect Your Rights
Whether you are the petitioner or the respondent of a divorce, you need to protect your rights. Many divorce proceedings involve challenges that include spousal support or child custody rights. In order to get the best outcome, seek the legal expertise of the attorneys at RM Law Group LLP. The firm is well versed in family law and they understand that many cases can present complex dilemmas.
Understanding a Summary Dissolution Option and Identifying Its Requirements
A streamlined process for a divorce is accessible to petitioners who qualify. In order to qualify for a summary dissolution, the following factors must be met:
- Have been married for less than 5 years (from the date you got married to the date you separated);
- Have no children together born or adopted before or during the marriage (and you are not expecting a new child now);
- Do not own any part of land or buildings;
- Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy);
- Do not owe more than $6,000 for debts acquired since the date you got married-called community obligations (not including car loans);
- Have less than $41,000 worth of property acquired during the marriage (called “community property”);
- Do not have separate property worth more than $41,000;
- Agree that neither spouse will ever get spousal support; AND
- Have signed an agreement that divides your property (including your cars) and debts.
In addition, if you are married, either you or your spouse must have lived in California for the last 6 months and in the county where you file for summary dissolution for the last 3 months. If you do not meet the residency requirement, you can still file for a legal separation but you have to go through the regular legal separation process, or wait until you meet the residency requirements for a divorce.
Top Rated Family Law Firm in the City of Claremont, CA
Family law cases require the legal support of a professional attorney who will sympathize with the frailty of each individual situation. When family issues arise, they often involve stressful dilemmas that can affect each individual family member. When underage children are involved or financial dependency is a factor in the dilemma, many family law cases can be extremely difficult to manage.
The award-winning law firm is dedicated to championing for the rights of their clients. When it comes to divorce cases, they understand the need to communicate with the client and therefore provide a streamlined, easy form of contact.
If you or someone you know is going through a divorce, seek the legal expertise of Attorney Michael Recinos. You can schedule a consultation by reaching RM Law Group LLP by calling (909) 453-2707 or (909) 740- 7131. Attorney Michael Recinos will review your case and help you understand your legal options. Consult with a skilled family attorney in Claremont who will act swiftly to protect your interest.