Q: What legal procedure is required to dissolve my marriage?

A: To dissolve your marriage, it is necessary to file a Petition for Dissolution of Marriage in the Superior Court in a state where you have resided for six (6) months, and in the county where you have resided for three (3) months. The Petition requires disclosure of information pertaining to your marriage statistics, assets, obligations, grounds for dissolution of marriage, the names and ages of your children, if applicable, and other information. A Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) must be filed to show where you have lived and that no other custody suits have been filed. After filing the Petition and UCCJEA declaration, the Summons, Petition and UCCJEA declaration are served on your spouse, who must then file a Response and his/her own UCCJEA declaration with the court within 30 days.
While waiting for trial, the parties and their attorneys will expend efforts to settle the case. In certain cases, it is possible you, your spouse and the attorneys will meet with a judge prior to trial in a Settlement Conference. Such judicially supervised meetings often lead to an amicable settlement of the case. Many times, court orders are necessary to govern the parties prior to the conclusion of the case. An abbreviated procedure known as an “Order to Show Cause” is available to obtain such orders. At an Order to Show Cause, a judge will issue temporary orders pertaining to spousal support, child custody and child support, and orders restraining certain types of conduct.

Q: Should I be represented by an attorney and what fees are involved?

A: Dissolving your marriage is not easy either legally or emotionally. Legal, financial and emotional ramifications of your actions are often felt for several years to come. Whether your case is concluded by settlement or trial, you should be advised by an attorney who is knowledgeable in the intricacies of the law relating to dissolution of marriage. Not only will your attorney render legal advice, but he or she will serve as a valuable counselor during an emotionally difficult period in your life.
Most lawyers charge by the hour to represent people who are dissolving their marriage. The hourly rate varies depending upon the knowledge, skill, expertise and years in practice of the particular attorney. Before they accept a case, attorneys usually require a “retainer,” with the amount depending upon the complexity of the matter
During dissolution of marriage, the court has jurisdiction over the subject of attorney’s fees. If a party is without the ability to pay his or her attorney, the court may order fees paid from the earnings of the other party.

Q: I have been living with someone of the opposite sex without being married. What rights, if any, do I have?

A: The California Supreme Court has recognized the fact that there has been a substantial increase in the number of couples living together without marriage.
California has long recognized enforceable legal rights between couples living together without marriage who have express agreements regarding the ownership of assets acquired during the period of cohabitation. An express agreement is when a couple discusses asset ownership explicitly and agrees to definite rules on how such assets will be divided upon separation. An express agreement may be in writing or oral. Unfortunately, the majority of people cohabiting have no such agreements.
In 1976, the California Supreme Court decided the landmark case of Marvin v. Marvin. This decision holds that when a couple lives together without marriage and has no express agreement regarding its assets, the court has the authority to imply an agreement between them regarding asset ownership and division. The existence of an implied agreement may be found by the conduct of parties during cohabitation.
To enforce your legal rights, it may be necessary to seek the assistance of an attorney and even file suit to divide the assets acquired. The law is clear that this type of litigation is not governed by the California Family Law Act, and accordingly the litigants do not have an automatic right to request spousal support and there is no provision for the payment of attorney’s fees.

Q: What is the difference between community property and separate property?

A: California is a community property state. Under this system of law, a marriage is viewed as a partnership where both husband and wife have equal ownership of all assets acquired during the marriage. Obligations incurred during the marriage, as well, are considered community debts, and husband and wife are equally responsible for their repayment. Property owned entirely by one spouse before marriage by gift or inheritance is considered separate property, and the other spouse has no ownership interest in it whatsoever. The law provides that community property may be converted into separate property and separate property into community property by an agreement in writing between the husband and wife.
When a married couple separates and decides to go forth with the dissolution of marriage, it is the duty of the court to determine the value of all community property and debts and divide them equally. The court will determine if any separate property exists and, if so, confirm its ownership.