If during a divorce the spouse has a disagreement with the other spouse regarding such questions as division of property, custody of children or the award of spousal and child support, then the process of divorce in California becomes too complicated and prolonged. If the spouses have settled all kinds of disputes and come to a common solution, then the divorce can be called uncontested.
Domestic partnerships in California
California law allows partners of the same sex to enter into partnerships to live together as a married couple. In California it calls domestic partnership. Parties that are registered as partnerships have absolutely the same legal rights and obligations as spouses who live in a classical marriage.
If the spouse lives in a domestic partnership and want to break it, he or she also have the right to file for divorce in California. For this it is enough that the partnership was registered in California. This means that the state does not impose strict requirements on the residence of spouses before applying for divorce, since the partnership is already legally recognized by the state.
California divorce papers for termination of partnership must be filed by one of the parties to the local court, as well as their copies should be sent to the second party to notify him or her of the spouse's intentions to terminate the partnership.
The spouse can also apply for dissolution of domestic partnership in order if his or her circumstances meet the requirements listed below:
The spouses must meet the residency requirements of the state of California.
- The spouses must meet the residency requirements of the state of California.
- The spouse's domestic partnership was registered by the state no more than 5 years before the date of submission of the application for dissolution.
- The spouse do not have common children who have been adopted or born during the period of the partnership.
- Neither spouses own any kind of property.
- The spouses do not have a total debt worth more than $6000, which has been counted from the moment of the partnership.
- The spouses not have a common ownership of more than $38,000, not counting the cost of vehicles they both own.
- Both partners have an agreement on how their common property should be divided and they also do not claim for financial support from each other or from the state after the dissolution.
If all of the above requirements are met, the couple may apply California divorce papers, such as the Notice of Termination of Domestic Partnership. The partnership will be automatically terminated in 6 months after the filing of the application to the court. Thus, the divorce in California will be formalized.
Legal Separation in California
The spouse can also formalize a legal separation in California. This means that he or she can stop parts of the relationship without completely breaking the marriage. Legal separation can usually take the form of the fact that there are religious contradictions between spouses or whether spouses want to receive additional medical financial compensation.
The grounds for legal separation can be the same as for the divorce in California. This indicates that the spouse isstill need to go through a number of formal questions. Such as filling out California divorce documents, registering them in court, notifying the spouse and also making a decision regarding the division of property, custody of children, financial support for children and spouse.
In order to apply to the court for legal separation, spouse needs to fill out a petition. For this, it is not necessary to ask an attorney for the help. It is enough to use the service of online divorce in California.