Articles Posted in Date of Separation

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How to Petition for an Annulment in California

How-to-Petition-for-an-Annulment-in-California

If you are married and currently living in California, one effective option for dissolving your marriage is by petitioning the court for an annulment. Compared to a divorce, in which a marriage is considered legally over, an annulment declares that the marriage was invalid. An annulment means, from a legal standpoint, that it never existed. If you’re considering dissolving your marriage, consider the following information for how to petition for an annulment, what the statutes of limitations are for filing your petition based on the grounds you are claiming for annulment, and what you can expect after filing your petition.

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The Basic Timeline of a Divorce Case and FAQ

The-Basic-Timeline-of-a-DivorceDivorce is typically one of the most difficult experiences of a person’s life. It is natural to feel a mix of frustration and confusion as one accepts the reality of an impending divorce. It is also natural to have many questions about the legal process of divorce. At Andrew J. Botros, APC, our San Diego divorce attorneys understand how challenging divorce can be and want to provide as much clarity about the process as we possibly can. It’s essential to know how a typical divorce case unfolds, the differences between mediation and litigation, and the common problems divorcing individuals face through their proceedings.
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How to Prove Falsehoods in Divorce Proceedings

How-to-Prove-Falsehoods-in-Divorce-ProceedingsWhenever an individual is involved in any type of legal case, honesty is absolutely essential even when it comes at a detriment to one’s own personal interests. Unfortunately, in many divorce cases in San Diego and throughout California, divorcing spouses attempt to hide assets, make false statements, obfuscate evidence, and otherwise interfere with their divorce proceedings for personal gain. When this occurs, the other spouse must know their legal options and take appropriate action.
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In many ways, a divorce can seem, and typically is, final.  It requires the filing of a judgment, a judge’s signature, and a marriage that is no longer the same.  But what happens when a party files for divorce and then changes his or her mind?  Or, what happens when a couple finalizes their divorce and then reconciles?  This blog will explore the consequences of these non-traditional relationships.Cartoon red heart with patch on the crack. Cute and friendly character with eyes and smile

First, let’s consider what happens when a party files for divorce but then changes his or her mind and wishes to withdraw the petition for dissolution.  In California, there is a 6-month statutory waiting period before any divorce can be finalized- and this scenario is exactly why.  Sometimes a couple is going through a rough patch and a spouse will file for divorce prematurely.  After discussing and working on their relationship the couple no longer wants to go through with their divorce.  So, what happens? Continue reading

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What does the “date of separation” mean and why is it so important?separation-date-300x202

When a spouse files for divorce the first issue to tackle is often the parties’ date of separation.  One might think that the date of separation is when the petition was filed in the divorce, or when one spouse moved out.  However, the date of separation is often fact driven and can be a complicated issue to resolve.

Pursuant to Family Code section 70 the “date of separation” means that a complete and final break in the marital relationship has occurred, such that (1) the spouse has expressed to the other spouse his or her intent to end the marriage, and (2) the conduct of the spouse is consistent with his or her intent to end the marriage.  The court has stated that there must be problems “so impaired” in the marriage that there is no reasonable possibility of “eliminating, correcting, or resolving these problems.”  (In re Marriage of Hardin (1995) 38 Cal.App.4th 448.)  Ultimately, the court will look towards the parties’ subjective intent to end the marriage, and the parties’ outward persona should not be considered. Continue reading

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Discovery is not the first topic that comes to mind when parties meet with a family law attorney for the first time.  In fact, there is a good chance most litigants have no idea what discovery actually is.  Sure, anyone who watches any of the serialized crime dramas on TV has heard of a subpoena, but most people have no idea what they are why they are useful.

In a nutshell, discovery is the process of collection evidence, whether that evidence comes in the form of documents, statements, testimony, or information.  There are several types of discovery a party can issue.  Which method a party chooses depends on what type of evidence they are looking to obtain.  This blog will briefly describe the most common forms of discovery used in family law cases. Continue reading

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Family Code section 3580 et seq. provides that spouses may enter into agreements regarding support upon separation. In Pendleton and Fireman, our Supreme Court held that parties could agree to limit or waive spousal support in premarital agreements. What about the time in between? Can married spouses who have not yet separated enter into enforceable agreements to limit or waive spousal support?

Although the answer to this question has not been definitively settled by our appellate courts, there is a strong argument to be made that married couples who have not yet separated cannot agree to limit or waive spousal support. Continue reading

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You decided you want a divorce, you file for a divorce, and then…*crickets*… your spouse, for whatever reason, has decided not to participate in your divorce. Perhaps your spouse doesn’t understand the legal process, doesn’t want to get divorced, or he/she is upset that you filed for divorce and intends to do anything possible to make your life more difficult. If this sounds like you, don’t worry. YOU HAVE A RIGHT TO GET A DIVORCE, even if your spouse chooses not to take any part in it.

If you are experiencing the problem above and you wish to proceed with a divorce even in the face of an uncooperative spouse, you will need to seek a default judgment. In order to do so, you must follow very specific procedures to ensure that you will be granted a divorce. The following is a very general overview of the required steps (note that there may be additional forms or procedural steps that must be taken within each subsection which are not covered here). Continue reading

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Bifurcation is an often underutilized procedure in civil cases (including family law cases) that, if used correctly, can significantly reduce the attorney fees and costs necessary to bring a case to a conclusion and can significantly increase the prospect of settlement.

So what is bifurcation exactly? In the process of bifurcation, the Court, usually on the motion of one of the parties, agrees to hear a trial on just one part of a case. Often times there are difficult issues, that once resolved, simplify the rest of the case. Continue reading

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We have written several blogs about the date of separation and its importance to a dissolution action. In some cases, the date of separation can be the most critical issue in a case. The reason is the date of separation can be a significant factor in determining how long spousal support will last , or whether a particular piece of property is separate or community. If you Google “date of separation,” your web browser will retrieve dozens, if not hundreds, of articles on this topic.

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