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Divorce Overview


If you are considering filing for marital dissolution (“Divorce”) you need to know what your legal rights are first.  Contact CASTILLO & ASSOCIATES for a free consultation.  Our office will provide you with a comprehensive overview of the marital dissolution process, what you can expect during the process and what the associated costs are with obtaining a final judgment. Once you have met with our office, your stress level will decrease and your knowledge of the dissolution process will increase.  After meeting with CASTILLO & ASSOCIATES, you will feel confident that your legal rights will be aggressively protected.

The party that files the Petition for Dissolution is referred to as the Petitioner.  The party who is served with the petition, is required to file a response to the petition.  This person is referred to as the Respondent. California is a Community Property State.  California is also a no-fault divorce state which means that if one party wants a divorce, they will ultimately be granted a divorce even if the other party does not want to get divorced.

Although the martial dissolution process can be very stressful and emotionally upsetting, it does not have to be if the parties remain reasonable, flexible and become knowledgeable of California Law.  At CASTILLO & ASSOCIATES we pride ourselves on ensuring that our clients understand the law and how to navigate through it.  Knowledge is power and it allows our clients to focus on what is important and rather than being blinded by emotions.

Our philosophy is it is better to resolve as many outstanding legal issues informally with the opposing party rather than allowing the judge to decide them for you. Our philosophy allows us to obtain greater results for our clients while keeping costs down.  There are very view legal issues that cannot be resolved informally.  The costs associated with going to trial so that the judge can decide the legal issues are considerable.

If you want great results and are interested in keeping your legal costs in check, contact CASTILLO & ASSOCIATES.

  

FAMILY CODE
SECTION 2310-2313


2310.  Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally:

   (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
   (b) Incurable insanity.

2311.  Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.

                -Process:  To initiate dissolution of marriage, a petition for dissolution needs to be filed.  It will need to be personally served on your spouse.

                -Costs:  Cost of filing a petition keeps increasing.  Unless you obtain a “fee waiver” the filing fee will be several hundreds of dollars.  There are additional costs when effectuating service of process of the petition.

 

SHORT TERM VS. LONG TERM MARRIAGE:

Generally, a short term marriage is a marriage that has duration of less than Ten (10) years.  However, the court has discretion to make the final determination as to whether a marriage is deemed short term or long term.  When a marriage is determined to be a long term marriage, the length of the term of spousal support can be correspondingly long too.  With a short term marriage, the general rule is that the length one has to pay spousal support is ½ the length of the short term marriage. The length of the marriage will be considered by the court in a variety of ways throughout the dissolution process.

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