How Long Do I Have To Live In California Before I Can File For Divorce in this State?

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You or your spouse would have to live in California for 6 months and in the county for 3 months in order to file in this state.  By doing this, you or your spouse would establish residency in the state and you would then be able to file for divorce in the particular county that you or your spouse resides.  Many people think that where you were married matters when it comes to divorce.  In fact, it does not matter where you were married.  What matters is where you or your spouse live, where you or your spouse establish residency and where you or your spouse continue reading...

Can I Divorce If I Don't Know Where My Spouse Is?

Yes, you can still divorce.  The courts have created a method of dealing with this problem.  This is called a ‘Publication Divorce’.  The divorce is filed in the courts in the usual way.  In order to serve the spouse, a search needs to be performed in an attempt to locate the missing spouse.  Once the search is complete, a publication in a certain newspaper takes place.  When this is complete, one either finds the missing spouse or does not.  If the spouse is found, then he/she can be served in the usual way.  If the spouse cannot be continue reading...

Do I Need Permission To Move Away From My Ex With Our Child?

In certain instances you can leave the state or the country by just informing the other parent of where you are moving.  Usually, however, this will initiate an action by the other parent who will file restraining orders to prevent you from leaving without the appropriate court orders.  Some judgments require you to petition the court to relocate.  This is done through an Order to Show Cause.  It would be wise to get legal advice before attempting to relocate with a child.  Often a move away will involve a change in existing orders that designate custody, visitation continue reading...

How Is Custody Determined In a Divorce?

It’s a good idea if both parties can come to an agreement with regard to custody of children.  The couple should consider what is in the best interest of the children.  Often people believe that the courts favor one parent over the other.  This is not true.  If the parents cannot come to an agreement, they will present evidence to the courts at a court hearing and the judge will make a determination as to who will be awarded custody.  In many instances, the court requires custody evaluations by an evaluator to assist the court in its decision.  continue reading...

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