Tag: <span>Summary Dissolution</span>

SB 30 - California's New Law on Domestic Partnerships Divorce

Senate Bill 30 in California: New Law on Domestic…

  • November 17, 2019August 12, 2020
  • by Angie

Governor Gavin Newsom signed Senate Bill 30 last summer to balance out the law on domestic partnerships – and will soon apply to both same-sex and heterosexual couples. Here’s what you need to know.

Senate Bill 30 in California: New Law on Domestic Partnerships

Before Gov. Newsom signed Senate Bill 30 into law, domestic partnerships were only available to same-sex couples and opposite-sex couples provided that both the man and woman were over the age of 62. The original law was written before same-sex marriage was legal, as it is today.

However, starting January 1, 2020, the law will apply to all couples, regardless of gender and free from age restrictions. When a couple wants to establish a domestic partnership, they must file a Declaration of Domestic Partnership with the Secretary of State and meet these requirements:

  • Neither can be married to someone else
  • Neither can be in a domestic partnership with someone else
  • The couple must not be related by blood in a way that would prevent them from getting married to each other in California
  • Both must be at least 18, except in special circumstances
  • Both are capable of consenting to the domestic partnership

This means that heterosexual couples can also formally dissolve domestic partnerships using the same methods same-sex couples have used in the past.

Dissolving a Domestic Partnership in California Under Senate Bill 30

SB 30 - Dissolving a Domestic Partnership in CaliforniaIf you want to dissolve a domestic partnership in California, you could be eligible for what’s called a summary dissolution. If you don’t qualify for a summary dissolution, you have to terminate your domestic partnership through the court system.

Related: What is a summary dissolution in California?

Terminating a Domestic Partnership Through the Secretary of State

In some cases, you can dissolve your domestic partnership through the Secretary of State. You do this by filing a Notice to Terminate Domestic Partnership, but only if you meet all of these requirements:

  1. You must read and understand the Secretary of State brochure on terminating domestic partnership (here).
  2. You must both agree to dissolve your partnership.
  3. You cannot have been registered as domestic partners for more than five years.
  4. You cannot have children from before – or during – your domestic partnership.
  5. You cannot have adopted children during your domestic partnership.
  6. Neither of you can be pregnant.
  7. Neither of you can own any part of land or buildings.
  8. Neither of you can be renting any land or buildings, with the exception of your primary residence – and if you’re renting your living quarters, your lease must not include a purchase option that will end within a year from the time you file.
  9. Your community property must be worth less than $40,000, not counting your vehicles.
  10. Your separate property must be worth less than $40,000, not counting your vehicles.
  11. Your community obligations (loans) must be less than $6,000, not counting vehicle loans.
  12. You will both sign an agreement that outlines how you’ll divide your assets and debts, or that affirms that you have no community property or community debts.
  13. You both agree that neither of you wants money or support from the other, except what’s included in your property settlement agreement.

Terminating a Domestic Partnership Through the Court System Under Senate Bill 30

SB 30 - Terminating a Domestic Partnership Through the Court SystemIf you don’t qualify for a summary dissolution, you will have to terminate your domestic partnership through the court. It’s always a good idea to talk to an attorney and get legal guidance before you end a formal relationship – particularly if you’ll be working through the court system.

Do You Need to Talk to a Lawyer About the New California Law on Domestic Partnerships?

If you’ve entered into a domestic partnership that you want to dissolve, we may be able to help you. Call us right away at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.

The California Divorce Waiting Period Divorce

About the California Divorce Waiting Period

  • June 12, 2019August 4, 2020
  • by Angie

California divorce – and the waiting period to get one – are often very misunderstood topics. The bottom line is that to get a divorce in California, you must wait at least 6 months and a day from the date you start the case.

About the California Divorce Waiting Period

The California divorce waiting period is mandatory, even if your divorce attorney files every piece of paperwork necessary with the courts on the very first day. The waiting period begins as soon as you officially notify your spouse or domestic partner about the divorce, which is called the date of service. The date of service is the day that the non-filing spouse receives the divorce petition, and it can even be the same day your attorney files the petition with the court.

For example, if your lawyer serves the petition on your spouse on January 15, the earliest the courts can officially grant your divorce is July 16 – that’s 6 months and one day from the date of service.

How Long Does it Take to Get a Divorce in California if Both Parties Agree?

When you and your spouse reach agreements on all the important issues in your divorce, you still have to fulfill the 6-month waiting period requirement. Your attorneys can file and essentially complete the divorce long before the waiting period is over, though – it’ll just have to remain filed until the entire waiting period has passed.

Related: What is collaborative divorce in California?

What if You Change Your Minds?

If you and your spouse change your mind about divorcing within the 6-month waiting period, you or your attorney can file paperwork with the court to dismiss the case. However, the judge dismisses the case and then you decide you made a mistake, you’ll have to start the process – and the California divorce waiting period – all over again.

Do You Have to Be Separated Before You Can File for Divorce?

California doesn’t require a separation period before you can divorce your spouse. You don’t have to live apart for a certain amount of time like you do in some states. Instead, you can file while you’re both living together. The clock will keep ticking on the mandatory waiting period, even if you take some time to move out of your marital home, as long as you (or your attorney) have served your spouse with the divorce papers.

Related: What are the legal stages of divorce in California?

What About the Waiting Period for Summary Dissolution?

A summary dissolution is an option available to some couples who want to end their marriages in California, but it’s not any faster than a divorce is. You must still wait 6 months before you end your marriage through a summary dissolution.

Related: What is summary dissolution in California?

What About California’s Residency Requirements?

California requires either you or your spouse to have lived in California for at least 6 months and the county where you’re filing for divorce for at least the last 3 months. This residency requirement applies before you can even file – you can’t meet the residency requirement and the California divorce waiting period at the same time.

For example, if you both move to California on January 1, you have to wait until July 1 to file for divorce – and that’s only possible if at least one of you lives in the same county for at least 3 months before you file. You can’t live in Alameda County until the middle of June and then file for divorce in San Joaquin County on July 1 if neither of you has lived here for 3 months.

Do You Need to Talk to a Lawyer About the California Divorce Waiting Period or Other Divorce Issues?

If you’re considering divorce, we may be able to help you. Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable Stockton divorce attorney now. We can help you with issues related to parentage and child custody, spousal support and other divorce issues.

 

What is Summary Dissolution in California - Stockton Divorce Lawyers for Marriage and Domestic Partnerships Divorce

What is Summary Dissolution in California?

  • March 27, 2019March 17, 2019
  • by Angie

If you’re like most people contemplating a split from your spouse, you think a regular divorce is the way to go – but instead, a summary dissolution might be right for you.

What is Summary Dissolution?

Summary dissolution is one way to end your marriage or domestic partnership. It’s not for everyone, but for some people, it’s a quicker, less complex way to bring an end to the legal contract you signed with your “other half.”

It’s kind-of a fast-track, and it’s available to all married couples and domestic partners, regardless of gender. You can also use it if you were domestic partners at one time and later married.

Who Qualifies for Summary Dissolution?

Only some people qualify for summary dissolution. You must meet all these requirements to qualify:

  • At least one of you must have lived in California for the past 6 months
  • At least one of you must also have lived in the county where you file for dissolution for the past 3 months
  • You both agree to terminate your marriage or partnership because you have irreconcilable differences
  • You do not have minor children together, and neither one of you is pregnant with a shared child
  • Your marriage or domestic partnership lasted 5 or fewer years from the date you were married or registered as domestic partners to the date that you separated
  • You don’t own any land or other “real property” (like a house or commercial building)
  • Neither of you has built up more than $6,000 in debt since you began your marriage or partnership (car loans don’t count)
  • You must have less than a certain amount in community property (the amount is subject to change, so ask your attorney about the current limit)
  • You both complete and sign a property settlement agreement to divide the community property that you do own together
  • You both agree to give up any rights you may have to spousal support
  • You have both read and understand California’s Summary Dissolution Information booklet (here)

Related: Temporary vs. permanent spousal support in California

Difference Between Summary Dissolution and DivorceThere is an exception to the residency requirement: If you are a same-sex married couple who no longer lives in California, but you were married in California, you can still file in our state if the state you live in now won’t dissolve your marriage. You’ll have to file in the county where you were married to take this route.

What is the Difference Between Summary Dissolution and Divorce?

Summary dissolution is a divorce. It’s simply one that’s a bit less complex than the traditional route.

Related: Overview of divorce in California

How Long Does it Take to Get a Summary Dissolution in California?

There’s a 6-month waiting period for a summary dissolution. What that means is that your attorney will file your petition for you – and once the 6-month period is over, the court will enter a judgement that orders the dissolution of your marriage or domestic partnership. Once that’s done, you can remarry or start a new domestic partnership – your previous marriage or partnership is officially over.

Is There a Downside to Summary Dissolution in California?

Downside to Summary Dissolution vs Divorce in Stockton, CaliforniaWhile there isn’t a downside – you still get to dissolve your marriage or domestic partnership using a summary dissolution – the catch is that it’s only available to certain people. You can’t have minor children together (neither biological nor adopted) and you can’t have much community property together.

If you don’t meet the criteria, you’ll have to file for divorce rather than summary dissolution. Divorce brings about the same results.

Do You Need to Talk to a Stockton Divorce Lawyer About Summary Dissolution?

If you think that summary dissolution might be the right option for you to end your marriage or domestic partnership, we can help you. Keep in mind, though, that it’s not for everyone – you may need to end up filing for a standard divorce.

Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.

Legal Requirements for Divorce in California - Stockton Divorce Attorneys Divorce

What Are the Legal Requirements for Divorce in California?

  • August 21, 2017August 13, 2020
  • by Angie

In order to file for—and be granted—a divorce in the state of California, you must meet some legal requirements. For most people, it makes sense to talk to a Stockton divorce attorney who understands the law and how it applies in individual situations; every case is different, and what works for someone you know may not be equally effective for you.

However, there are legal requirements that all people filing for divorce in California must meet.

What Are the Legal Requirements for Divorce in California?

Before you can even file for divorce in Stockton or any other community in the state, you must have lived in California for at least the 6 months prior. You have to be a resident in San Joaquin County, specifically, for at least the 3 months prior to filing if you’re using the Stockton family court system. (The same is true for any other county in the state, as well.)

Legal Requirements for a Summary Dissolution

A summary dissolution is one way to get a divorce in California, but not everyone is eligible for it. (Most people obtain a regular dissolution.)

The process of obtaining a summary dissolution can be faster, and, according to some people, simpler. In order to qualify for a summary dissolution, the couple who wants it must:

  • Meet the residency requirements for a divorce in California
  • Not have any children together
  • Have been married or in a domestic partnership for fewer than 5 years
  • Not own significant amounts of property
  • Not owe significant debts
  • Not want spousal support or partner support
  • Agree on how their belongings and their debts should be divided

If you meet some, but not all, of those conditions, you don’t qualify for a summary dissolution. You must meet all of the requirements to be considered eligible; you can use divorce mediation to reach agreements with your spouse if that’s what’s preventing you from being eligible.

If you are eligible for a summary dissolution, you won’t have to appear in court—although it’s still a good idea to talk to a Stockton divorce attorney and get case-specific legal help.

Legal Requirements for a Regular Dissolution

You must meet the residency requirements for Stockton (or another city in another county) before you can file for divorce.

Grounds for Divorce in California

There are only two grounds for divorce in California: irreconcilable differences and incurable insanity.

Irreconcilable Differences

Irreconcilable differences are differences between you and your spouse that have caused an irreversible breakdown of the marriage; they’re things you just can’t get past.

Incurable Insanity

You can’t walk into court and say that you want a divorce because your ex is incurably insane. You can only use it as a reason for your divorce if you have actual proof that includes medical or psychiatric testimony that your spouse was “incurably insane” when you filed the petition for divorce and that he or she is still “incurably insane.”

(Most people simply cite irreconcilable differences.)

Do You Need to Talk to a Stockton Divorce Lawyer?

If you meet the residency requirements, you can obtain a divorce in Stockton.

We can help.

Call us at 209-910-9865 or get in touch with us online to discuss your situation. We’ll give you the case-specific legal advice you need right now, and we’ll begin developing a strategy that gets you the best possible outcome.

Anna Y. Maples Maples Family Law



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