California Resident
Either you or your spouse must have lived in California for at least six
months, and in the county where you file your papers for at least three
months, just prior to filing the petition. Being away on a business trip
or vacation does not count against your residency time.
If you are in the military and lived in California before you went
in, you are still considered a California resident.
Paralegals
Paralegals are also known as legal document assistants. We can type and
submit documents on your behalf. We cannot be your advocate or give you
legal advice in any way. You are urged to seek the advice of an attorney
if you want legal advice.
Package
Each package includes all the legal documents necessary to complete your
uncontested divorce. Also includes service of your spouse by mail and
courier/express mail service to the Courts.
Summary Dissolution
A more simple way of getting a marriage dissolved in California. If you
meet the qualifications, you may file a joint petition for summary
dissolution. In six months one or both of you files the request for
final judgment of summary dissolution and your case will be complete. At
any time during the six months, either party may withdraw the petition.
If the other party still wants the divorce, the case would need to be
reopened as a regular dissolution case. The six month time period needs
to run one more time in the regular dissolution action. See if you
qualify.
Summary Dissolution Qualifications
- Married no more than 5 years
- No children and wife is not currently pregnant
- Neither party has any interest in any real property (an exception
is made for a lease of a residence occupied by either party which
terminates within the year and where there is no option to buy
- Amounts owed on debts by either party from the date of marriage
does not exceed $5000 excluding automobile debt
- The total net fair market value of community property assets
excluding automobiles but specifically including deferred
compensation or retirement plans is less than $25,000, and neither
party has separate property assets, excluding automobiles with a
net value of more than $25,000. The parties must set forth the
division of community assets and the assumption of community
liabilities and have executed all documents necessary to effect the
agreement. The parties must also waive any rights to spousal
support.
Minor children
children under the age of 18 or, if they are still in high school, up to
the age of 19 who are born or adopted into this marriage with this
spouse.
Property
assets and liabilities - real property, vehicles, investment accounts,
retirement accounts, bank accounts, whole life insurance policies,
businesses, copyrights, bank debt, credit card debt, mortgage debt,
other debt, stuff.
Dissomaster
California Child/Spousal Support Calculations - California child and
spousal support guidelines are calculated using a computer program
called the Dissomaster. The Dissomaster begins with your gross income,
adjusts it for acceptable deductions and derives an amount of child and
spousal support which is considered the guideline. Spousal support is
calculated using the gross incomes of the parties. In determining long
term spousal support, however, the judge must look at many other
circumstances, in addition to the dissomaster to determine the level of
support. You may negotiate numbers that work for you, if you so choose.
For child support, if you mutually agree to pay less child support
than the guideline, you may be asked to convince the judge that this is
in the best interest of your children. Child support is calculated using
both parties gross monthly income and the percentage of time the child
spends with each parent.
Date of Separation
The date of separation signifies the end of the marital community and
the end of the community property status. So if today is your date of
separation and you win the lottery tomorrow, it would be your separate
property. It is defined as the day one of you decides you no longer want
to be married. You establish a date of separation by filing your
petition. As you can see, the date of separation doesn't necessarily
comply with the date one party moves out. Also, it's can be a gray area.