This section is sponsored by Nancy W. Dahan The Law Offices of Brown & Dahan 38 Corporate Park, Irvine, California 92606 (949) 724-8857 Email: nancy@women911.com Nancy W. Dahan specializes in family law issues in Orange County. She has been a practicing family law attorney for twelve years and represents men and women who seek reasonable solutions to the problems they face going through a divorce proceeding. Mrs. Dahan has worked in Los Angeles and Orange County family law courts. In the event that Nancy's office is too far from your location, she will refer you to another family law attorney in your area.

You can email ( famlaw@women911.com ) all of your questions anonymously to the family attorney on duty. Your questions will be promptly answered in the order they are received. You can also review some of the most commonly asked questions and answers here.

The role of your divorce lawyer is primarily to help you obtain the best resolution for your unique situation. An experienced family law lawyer understands the multitude of nuances in the ever changing divorce laws. Each new divorce case has the potential of changing existing laws and an experienced family law attorney has to be very vigilant to keep up with those changes. Your attorney should ease your transition and make you and your children come out as whole as possible.

California Dissolution of Marriage

1) What are the grounds for a dissolution of marriage? California was the first state to implement the "no-fault divorce" concept. In California, a dissolution of marriage can be granted if the court finds there to be "Irreconcilable differences" that have cause an irrevocable breakdown of the marriage. In effect, this means that if a married person wishes to terminate the marriage, he/she can do so, even if the other spouse disagrees.

2) Are there any residency requirements in order to obtain a dissolution of marriage? In order to qualify for a dissolution of marriage, one of the spouses has to have been a resident of the state for a continuous six months and of the county for a continuous three months prior to the filing of the Petition (Family Law).

3) After the dissolution case is filed, how long does it take to get the marital status terminated? Once the Respondent is served with the Summons and Petition, the marital status cannot be terminated until six months have passed since the service was effected.

4) What is the procedure for getting a dissolution of marriage? A typical dissolution of marriage requires the following steps:

• 1. The Petition (Family Law) is filed and personally served on the Respondent.
• 2. The Respondent then has thirty days to file a Response (Family Law).
• 3. One of the parties to the dissolution will usually request temporary court orders by filing for an Order to Show Cause hearing. At this hearing, the judge will make temporary child custody, support and restraining orders.
• 4. The parties then engage in discovery, which is the process by which parties to the dissolution exchange information and documents that are relevant to the case. One of the required aspects of discovery is the preparation of the Preliminary Declaration of Disclosure. This is a court form in which each party lists the community and separate property. As part of this disclosure, the parties are also required to exchange current income and expense declarations. Other forms of discovery are interrogatories (written questions) and depositions (oral examination under penalty of perjury).
• 5. After the discovery is completed the parties and their attorneys (if they are represented) will discuss settlement of the case. If the case is resolved by agreement, one of the attorneys will prepare a Marital Settlement Agreement, which will contain all of the terms of the agreement. This is a contract that is signed by the spouses and their attorneys.
• 6. If the parties are not able to agree on all of the issues in the case, a trial will take place.
• 7. After the parties sign the Marital Settlement Agreement or after the trial has concluded, one of the attorneys will prepare a Judgment of Dissolution of Marriage. This is the document that contains all of the court's orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each attorney.

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Frequently Asked Questions.

• Q:I had used drugs while married and my husband knows about my prior usage, am I going to lose my children?
  • A: Depending on your relationship with your husband, there is a good chance that he will use your "prior" usage to have full custody. Each situation is looked at on a case by case basis by the courts, but these are the criterias that they look for:
    1. How long had it been since your last use?
    2. Have you used in front of the children?
    3. Have you gone through a rehabilitation program?
    4. The type of drugs, marijuana vs. cocaine, heroine, etc...?

  As you can see, prior drug use is not a foregone conclusion for custody issue; But if you are still using drugs you should take immediate steps to rectify the situation.

• Q: Should I Move Out of the Marital Residence?
  • A: Be sure to consult with an attorney before leaving the marital residence. Many people who go through a divorce regret leaving the marital residence due to the repercussions, even though at the time it seemed like the only logical thing to do. Leaving the home is typically defined as actually taking personal items with you (clothing, automobile, sentimental possessions, etc.) and acting as though you are going to declare a new residence for a significant amount of time. Many spouses will storm out of the house and sleep a night or two at a friend's or relative's house. This typically does not constitute leaving the marital residence. Once you leave the marital residence for a reasonable amount of time (this can vary depending on the situation), it may be difficult to return. It is suggested that an agreement in writing is drafted stating that reentry into the marital residence is an option, but as a significant amount of time passes an agreement of this type has very little leverage in the court. The primary reason for consulting a lawyer prior to making this decision, is to avoid the accusation of desertion. Desertion carries with it significant legal repercussions, as it can work against you in child custody disputes. The court may view you leaving the marital home as also you leaving your child(ren). Keep in mind that once you leave the marital residence, your spouse may not have the enthusiasm to proceed with the divorce in a timely and amicably manner. Typical spouses who are in the process of divorce and who are still living together tend to be more focused on finalizing the divorce because they want to move on with their lives. Spouses that are not living together have a tendency to feel as though the divorce has already taken place.

You can email ( famlaw@women911.com )all your questions anonymousy to the family attorney on duty. Your questions will be promptly answered in the order they are received.

Note: This information is not to be considered legal advice to create an attorney-client relationship. Laws and practices vary from state to state. Taking legal information out of context generally has negative consequences. If you have questions relating to your particular matter, you should contact an attorney in your state for advice.