Law Office of Cecelia Soboleski,
Certified Family Law Specialist*
51 E. Campbell Avenue, Campbell, CA
*Certified by the Board of Legal Specializations of the State Bar of California
Divorce in California (technically called a ‘Dissolution’) is available to any married person living in the state for the last 6 months. A Dissolution is also necessary for those who want to terminate a Registered Domestic Partnership, but residency is not a requirement to terminate Domestic Partnerships. In either case, a person MUST terminate any Marriage or Domestic Partnership before entering into another union.
California is a ‘Community Property’ state, which means that all property (and all debts) that were obtained or earned during the union are presumed to be ‘community’ in nature and thus are owned equally (50/50) by both parties, whoever earned or obtained the property, with some particular exceptions.
Legal Separation - a formal legal procee
Legal Separation is available for anyone who:
1) Does not yet meet the 6-month residency requirement for a Dissolution, or
2) Anyone else who does not want a Divorce, but does want to divide the assets and debts as well as establish a custody and visitation order for the children.
Often a Legal Separation action is later amended as a Dissolution, but this is not required.