Q: How Long Does It Take to Divorce in California?
Answer: It depends on whether the parties agree or they fight. There is a California Law which states that you cannot be divorced any sooner than 6 months plus one day from the date the Summoins and Petitioner are served. Some divorcer cases are completed long before the 6 months (the cases with agreements) and other cases drag on for years.
Q: Is California a Community Property State?
Answer: Yes, California is one of a few states that follow community property rules. The majority of states follow equitable distribution principles, but California is not one of them. Under community property rules, a couple's property should be divided equally 50/50. Learn more about how California's community property rules will impact your divorce.
Q: What is a Prenuptial Agreement and Do You Need One?
Answer: A PreNuptial Agreement is a legal contract entered into by the parties before they marry. Whether you need a PreNup depends on your particular facts. PreNups most commonly protect the property you had before marriage from being split with your new spouse if the marriage fails. The more you have to lose the greater the chances are that you may want a PreNup.
Q: How to Divorce in California Without a Lawyer?
Answer: The law allows you to do the same things that a lawyer will do, including filing the Summons & Petition, answering discovery, and appearing in Court. If your case really is simple, then doing it yourself may make sense. If your case is complex you should get help from a good attorney.
Q: What is the Difference of Annulment and Divorce?
Answer: Annulment or nullity is when you ask the Court to make a legal finding that you were never in fact married. If the other party was still married to someone else, or the marriage license was not valid the Courts may be willing to make that finding. If you cannot get a Judgment of Nullity you can still ask for a divorce, where you admit that you were legally married, but you ask the Court to end the marriage.
Q: What is No-fault Divorce?
Answer: California Law does not ask whether you deserve to be allowed to get a divorce. This is different from many other jurisdictions where you must first show that you are entitled to get a divorce before you can seek one. Those jurisdictions ask whose fault it was that the marriage is ending and often will not allow the party at fault to get a divorce.
Let Our Family Law Specialist Guide You Through the Process
San Jose Family Law Attorney John H. Perrott has over decade of experience in divorce and family law issues in California. He is a top-notch San Jose Divorce Lawyer and is committed to providing his clients with diligent and zealous advocacy in their divorce proceedings. If you need the assistance of a good Family Law Attorney to help your divorce case in California you should contact the Law Offices of John H. Perrott, A PROFESSIONAL CORPORATION, to set up a fee 30 minute initial consultation.
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