Dissolving Marriages and Domestic Partnerships Amicably
California terms divorce a "dissolution of marriage." Registered domestic partnerships are dissolved in essentially the same way as marriages.
A dissolution begins by filing a Petition in the Superior Court in the County where you have resided for the last three of the preceding six months. Termination of marital status, when you become an "unmarried person," cannot be granted earlier than six months after the responding party is served with the court papers. All that must be alleged by one party is that they believe there has been an irremediable breakdown of the marriage. This is also known as irreconcilable differences.
To file in California you must be a legal resident. If your are not yet a resident, you may still file for Legal Separation of your Marriage or Domestic Partnership.
Pending a Judgment of Dissolution or Legal Separation it is frequently necessary to seek and obtain temporary orders. These applications to the court typically involve custody, support, attorney fees, use and possession of vehicles or homes, and orders protecting assets from being concealed or squandered. Such orders are obtained through what are referred to as "OSC Hearings," which is short for "Order to Show Cause." Once you have requested whatever relief you feel is required, due process and simple fairness requires that the other party be given an opportunity to respond and seek different orders than those you have asked for at a contested hearing.
Marriages and domestic partnerships are dissolved by way of a Judgment of Dissolution. In amicable divorce cases that Judgment is based upon a written agreement. Where some or all issues cannot be settled by agreement, a public trial may have to occur in front of a Family Court judge who will rule on each contested matter. There are better options to having a judge decide your case, such as Mediation or Collaborative Processes.
Most people think of divorce as enmeshed in conflict, but it need not be. High conflict divorce may cause persistent resentment and strife, particularly with disputes involving spousal and child support, child custody, and visitation timesharing.
It is possible to achieve a divorce agreement that works for you, your spouse and your children and the Law Firm of Thurman Arnold has supervised hundreds of these settlements - many in cases that began with conflict but ended reasonably and fairly.
Three decades of legal experience informs our skill at protecting our clients. Initial consults are free, and we would love to explore mediation and collaborative possibilities with you.
Serving Eastern Riverside County