Dissolution, Seperation & Annulment Information
Orange County – Divorce - Legal Separation – Annulment – Dissolution of Domestic Partnership Attorneys
Dissolution of Marriage or Divorce
California is a no fault state. If irreconcilable differences exist (ie: any reason that cannot be resolved) and one party satisfies the minimum residence requirements, California has the jurisdiction (ability) to enter a judgment of dissolution rendering each party “single” for legal and tax purposes. Keep in mind that a judgment will be effective upon approval by the Court, but a person’s marital status (ie: single or married) cannot be changed until six months from date of service of process. Finally, if you do not initially meet the residency requirements, you may still qualify to file for a legal separation and then convert your case to a divorce.
Divorces may involve complex issues of child or spousal support, custody and visitation, division of property and debts, and other issues. Our firm will help you narrow the issues in your case, determine the most cost-effective and timely way to obtain temporary (or pendent lite) orders, while navigating you through your sometimes emotional and challenging divorce case.
Legal Separation: A judgment of legal separation results in the division of marital property but at the end of your case, you will continue to remain married to your spouse. This means that you may not remarry. Domestic Partnerships may also file for a legal separation.
Unlike a divorce, there is no residency requirement in order to file for a legal separation. This means that a party who recently moved to California may file for a legal separation and thereafter, convert their case to a divorce upon satisfying the minimum residency requirements.
Legal separation cases may also involve custody, visitation and child support issues. A divorce and legal separation case follow the same process for obtaining temporary orders, which may ultimately be included in the final judgment. Keep in mind that once a judgment for legal separation is entered, either party, at any time in the future, can request that the case be converted to a dissolution of marriage.
Legal separation cases can arise when spouses do not desire a divorce but wish to live apart and have enforceable orders concerning money, property, and parenting obligations. Couples may sometimes prefer legal separation judgment for religious reasons.
Annulment/Nullity of Marriage: An annulment of your marriage or domestic partnership may be granted under very specific circumstances. If an annulment is entered, it renders your marriage or partnership void, or as if it never existed. The very specific circumstances where an annulment may be granted include:
- A marriage obtained through force or fraud;
- A marriage involving a person who lacked mental capacity, physical capacity, or was under age of 18; or
- A marriage involving bigamy or incest.
Annulments are very rare and require a court hearing to establish the facts supporting the annulment. Having an experienced attorney help you navigate through this very complicated area of law is extremely important.
Dissolution of Domestic Partnership: The law firm of Wilkinson & Finkbeiner also assists in the dissolution of domestic partnerships:
The process for dissolution of a domestic partnership is the same as that of a divorce. The parties can obtain a legal separation or dissolution of their partnership. The issues involved can include division of property, custody and visitation, support, etc… However, there are very different tax consequences involved concerning the division of property as the U.S. Tax Code does not recognize an “equalization payment” as a non-taxable event. There are other tax issues concerning the division of real property purchased by domestic partners as well. Because the domestic partnership law is relatively new, it is important that you contact the qualified Orange County divorce attorneys at Wilkinson & Finkbeiner to assist you with these matters.
Wilkinson & Finkbeiner, LLP
Orange County Divorce Lawyers
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Phone: 714-667-0045
Toll Free: 877-753-2407
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