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If your divorce is contested and/or you need legal advice, you will most likely be hiring a divorce Lawyer or Mediator to begin your California divorce proceedings. All it takes is making a phone call to set up an initial consultation, which is often offered free of charge.
In a summary dissolution, a hearing with the judge is typically not needed. A marriage of five years or less may be ended by summary dissolution, which is a simplified procedure to terminate a marriage in the state of California. With a summary dissolution, a joint petition is filed when 1) either spouse meets the standard residency requirement, 2) the marriage is irretrievably broken down due to irreconcilable differences, 3) the marriage is childless, 4) the wife is not pregnant, 5) neither spouse owns real estate, 6) there are no unpaid debts greater than $4,000, 7) the total value of community property is less than $25,000, 8) neither spouse has separate property (excluding cars and loans) of greater than $25,000, 9) the spouses have reached an agreement regarding the division and distributions of assets and liabilities, 10) both waive their rights to maintenance and appeal; 11) both have read a brochure about summary dissolution and 12) both desire to end the marriage.
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FEATURED TOOL - Divorce Research Manuals (detailed discussion and analysis with references to cases, articles, and other resources)
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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Even though the relationship between you and your spouse has changed and you may no longer be living together, until you are legally divorced, you are still married. The legal ramifications of being married vary from state to state, but generally speaking, until you are divorced you and your spouse have certain rights and obligations to one another. In general, until you are divorced not only can you not remarry but also anything you obtain may be subject to a claim of ownership, in whole or in part, by your spouse, and the future ownership of assets and property already obtained may be unclear.





