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How Divorce Works in California – California Family Code 2400

Posted by Raoul Severo | Sep 26, 2020 | 0 Comments

The majority, if not all, of wedding vows in the world, ends with the line "in sickness and in health, till death do us part." The sentiment is meant to signify the lifelong bindings of marriage. It is the epitome of romantic relationships. The union that is supposed to last a lifetime. And in some cases, it does. However, in the most recent years, it usually ends differently. In the United States alone, around 40 percent of married couples end up separated. Separations have become a more common ending to a lot of relationships. There are many ways one can legally end a marital relationship (e.g., annulment). Despite the plethora of options, the most common legal separation people opts for is via the dissolution of marriage, also known as Divorce.

Divorce is the process of terminating the marital union by canceling the marriage contract's legal duties and responsibilities under the rule of law. There are two ways of getting divorced in California, traditional Divorce and the easier and more "budget-friendly" option. However, specific standards need to be met for a couple to be eligible for Summary Dissolution. These conditions are presented under California Family Code 2400.

Divorce Process

A newly married couple could not just terminate their marriage and file for Divorce moments after the wedding. To be eligible for California approved Divorce, at least one of the two parties must have resided in the state for at least six months before the filing. Most divorces in California are considered "no-fault," which means neither of the couples has to provide proof or reasons that he/she was wronged by the other to file for a divorce. As a matter of fact, spousal offenses like adultery would make so much of a difference in the judge's ruling. However, it may help sway the court in favor of approving the petition.

Divorces typically have a half year or six-month waiting period after the filing before the court can finalize the petition. During that period, the couple can represent themselves or hire representatives in court to help them deal with the separation's legal repercussions. Arranging settlements usually get resolved over divorce trials, on which the final terms and conditions of the separations are discussed.

CFC 2400

To qualify for summary dissolution, California state law requires the couple to meet any if not all the special conditions under California Family Code 2400:

(1) Either party has met the jurisdictional requirements of Chapter 3 (commencing with Section 2320) with regard to the dissolution of marriage.

(2) Irreconcilable differences have caused the irremediable breakdown of the marriage and the marriage should be dissolved.

(3) There are no children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, and neither party, to that party's knowledge, is pregnant.

(4) The marriage is not more than five years in duration as of the date of separation of the parties.

(5) Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:

(A) The lease does not include an option to purchase.

(B) The lease terminates within one year from the date of the filing of the petition.

(6) There are no unpaid obligations in excess of four thousand dollars ($4,000) incurred by either or both of the parties after the date of their marriage, excluding the amount of any unpaid obligation with respect to an automobile.

(7) The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than twenty-five thousand dollars ($25,000), and neither party has separate property assets, excluding all encumbrances and automobiles, in excess of twenty-five thousand dollars ($25,000).

(8) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.

(9) The parties waive any rights to spousal support.

(10) The parties, upon entry of the judgment of dissolution of marriage pursuant to Section 2403, irrevocably waive their respective rights to appeal and their rights to move for a new trial.

(11) The parties have read and understand the summary dissolution brochure provided for in Section 2406.

(12) The parties desire that the court dissolve the marriage.

Legal guidance 

If you or someone you know wants to settle divorce disputes, i.e., settlements, harm compensations, financial settlements, child support, rightful property claims/distribution, etc. The best course of action that you and your party can take is to seek professional help from our credible roster of attorneys. They can teach you about your rights and provide first-class level service to aid you in your legal battle.

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