Divorce, or “dissolution of marriage” as it is officially called in California, is the termination of a valid marriage between two parties. A Judgment of Dissolution completely and permanently severs the parties’ marital relationship and property rights, and returns them to the status of single persons.

No Fault State

It is important to understand that under California law, the consent of your spouse is not required to obtain a dissolution of marriage. California is a no-fault state; regardless of the reasons for wanting divorce, as long as one spouse files a Petition requesting that the court dissolve the marriage, the court will dissolve the marriage. Typically the most common ground for divorce in California is “irreconcilable differences” leading to the “irremediable breakdown of the marriage.”

This is different than in some fault-based states, where one party must prove-up the fault of his or her spouse, or demonstrate that they have been living separate and apart for some fixed period of time. In fact, in California it is inappropriate to even raise the issue of fault except in very limited circumstances, such as to demonstrate a history of physical abuse or drug/alcohol abuse affecting a child’s best interests, a history of domestic violence in a present domestic violence hearing or as a spousal support factor, or deliberate misappropriation of joint/community property.

Residency and Minimum Time for Marital Status Termination

A spouse can file for dissolution of marriage in California provided he or she has been a resident of the state for at least six months. The issue of residency is generally an easy one, but can be complicated in some situations, particularly for members of the armed forces. Members of the military stationed elsewhere may be able to file for divorce in California if they have designated the state as their permanent residence, continue to vote here or otherwise can demonstrate the intent to permanently reside in California. Members of the military are also protected under federal law from a divorce prosecution in California while deployed outside of the United States.

Once the Petition for Dissolution has been filed and served on the other spouse, there is a minimum waiting period of at least six months (we sometimes call this the “cooling off period”) before the court has the authority to terminate your marital status.

Range of Issues to be Decided

Along with the parties’ marital status, the court in a dissolution of marriage case can decide issues of child custody and visitation, child and spousal support, division of community property and debt, the need for restraining orders and allocation of attorney fees and costs.

No one gets married expecting that the marriage will eventually end in divorce, and so the process of divorce can be emotionally and financially draining. But it is also an opportunity for each spouse to start a new chapter in his or her life. We do our best to help you bring order out of chaos so that you can begin this transition as emotionally and financially intact as possible.

Same-Sex Divorce and Dissolution of Domestic Partnerships

As of 2005, California Registered Domestic Partners (RDPs) became subject to the state’s community property laws, granting those partners almost identical rights as those of married couples, except of course for their marital status.

On June 16, 2008, the California Supreme court legalized same-sex marriage in the state. This was a short-lived victory for proponents of same-sex marriage, as voters in the state passed Proposition 8 five months later on November 4, 2008 defining marriage only as a union between a man and a woman. Proposition 8 was challenged and then subsequently upheld by the California Supreme Court on May 26, 2009, but the Court ruled that all same-sex marriages that had occurred in the state prior to the passage of Proposition 8 would remain valid.

Unfortunately, as is the case with married heterosexual couples, not all registered domestic partners and same-sex married couples stay together, resulting in the need for a dissolution of the domestic partnership or of the same-sex marriage through court filings and proceedings. We provide the same level of competent and compassionate legal representation for domestic partners and same-sex spouses as we do the rest of our clients, and will be ready to advocate for you when and if the need arises.

Contact us or call (925) 465-2500 or (707) 398-6008 for more information or to schedule an initial consultation with attorney Gary D. Sparks.