Ending a relationship through divorce or domestic partnership dissolution is a difficult emotional experience. This is true even in those situations where the parties believe the dissolution or divorce is in their best interest. Attorney Vincent B. Garcia, a Southern California Divorce Attorney can help you through this difficult time and see that your rights are protected.
Although headquartered in Southern California, Attorney Garcia, a Certified Family Law Attorney who has been litigating family law matters for more than 28 years, represents clients nationwide. He has a reputation for being experienced, affordable, aggressive and zealous in standing up for the rights of his clients.
Basic Divorce Issues.
- One party to the divorce must have been a resident of the state for six months prior to filing the divorce petition and a resident of the county for the previous three months.
- California is a no-fault divorce state. This means that the only grounds for divorce that are stated in the divorce petition are that the couple has irreconcilable differences.
- It does not matter if one party does not want a divorce. In a no-fault divorce, the divorce proceeds and there is no way for a party to contest it.
- Six months after the date the petition is filed, the divorce can be final. It may take longer than that, but it cannot take less time.
- Matters of property division, including who is responsible for debts and determining if property is community property or the sole, separate property of one spouse must be resolved.
- Spousal and child support, child custody and visitation must all be decided.
- Issues such as evaluating a business, grandparent rights, prenuptial agreements and other issues unique to each situation must be determined.
- Parties of a same sex marriages that occurred in California who no longer live in California, but live in a state that does not recognize same-sex marriage, can dissolve the marriage in the county where the marriage occurred without a residency requirement.
Domestic Partnership Dissolution.
Although most aspects of domestic partnership dissolution are the same as in divorce proceedings, there are a few differences:
- If you registered your domestic partnership in California, you will need to dissolve it in California even if neither party resides in California. There is no residency requirement.
If your domestic partnership was not registered in California, you must meet the same residency requirements for divorcing couples.