After you get divorced, you will be single, and you can marry or become a domestic partner again. You do not have to give the court any other reason or prove anything.
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The only thing the court is interested in is helping the separating spouses or partners reach a fair agreement about how their life will be restructured after the divorce so they can move ahead to rebuild their lives. Custody and visitation; Child support; Spousal or partner support; The division of your property; and Who will be responsible for paying debts. If lawyers are involved, you may be able to get orders about who will pay their fees. You can also ask the judge to make other orders about things like domestic violence. Learn more about domestic violence and staying safe.
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The divorce process will take at least 6 months from the date the person filing for divorce officially lets his or her spouse or domestic partner know about the divorce. The case can take longer. BUT it cannot be faster than the 6 months. This is a mandatory waiting period required by California law and no couple can be divorced faster than 6 months. You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the divorce itself will not be final until at least 6 months after starting the case.
A summary dissolution is an easier way to end your marriage or domestic partnership or both.
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Learn more about summary dissolutions. California for the last 6 months, AND The county where you plan to file the divorce for the last 3 months. If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county. If your domestic partnership is registered in California, you have automatically agreed to the jurisdiction of the California courts to end your domestic partnerships — even if you move away or have never lived in California.
So you do NOT need to meet the residency requirements that married couples must meet.
If your domestic partnership was NOT registered in California, you or your domestic partner must have lived in: If you and your domestic partner do not live in California, when you file to end your domestic partnership in California, the court may not be able to make orders about other issues like property and debt, partner support, or your children. If this is your situation, talk to a lawyer with experience in domestic partnership laws. Click for help finding a lawyer. A legal separation does not end a marriage or domestic partnership. You cannot marry or enter into a partnership with someone else if you are legally separated and not divorced.
If you ask for a legal separation, you may be able to change to a divorce case later if you meet certain requirements.
They do not want to get a divorce but want to live apart and get orders from the court about money, property, and parenting issues. They do not want to get a divorce for religious reasons. They do not want to get a divorce because of their personal beliefs. They do not meet the required residency requirements to file for divorce in California, and they cannot or do not want to wait to get the process of separating started. Like with a divorce, when you get a legal separation, you can ask the judge to make orders about: You can file in California if at least 1 of you is living in California.
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Life is messy, complicated, and for the most part, unpredictable. You may have married your spouse with the feeling that there could not possibly be anyone else for you. Years later, you now realize that the person you married is no longer the right one for you, and you find yourself in the middle of a divorce and custody battle.
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You just want it to end so you can start writing the next chapter of your life. Then along comes the new Mr. Should you go for it, or will starting that next chapter affect the outcome of your case? This means that the court does not concern itself with arguments over why the marriage failed. Instead, the courts recognize two official reasons for a divorce: Though you are getting a divorce, a new relationship would be considered an extramarital affair until your divorce is final.
Options to End Marriage or Domestic Partnership
Under a no-fault system, though, adultery is not a consideration for the court when it decides to grant a divorce. The court has some discretion on awarding spousal support , but the purpose of it is not to punish a spouse for his or her wrongdoing. Custody battles are often about how you conduct yourself around your child.