California Divorce Law
Information
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The Law Offices of
Keith F. Simpson,
A Professional Corporation
1334 Parkview Avenue,
Suite 325,
Manhattan Beach,
California 90266
(310) 297-9090
(310) 297-9190 - FAX
Filing Of The Petition
The party who files for the divorce is the Petitioner. The party who is served with the Petition for Dissolution is the Respondent.
The soonest a divorce can be finalized is 6 months after the date the Respondent spouse is served with the Summons and other initial pleadings.
The Respondent then has 30 days to respond to the Petition. If the Respondent does not serve a Response on the Petitioner, then the Petitioner is allowed to request a Default.
DO YOU NEED A RESTRAINING ORDER?
Automatic Temporary Restraining Orders or ATROS
The parties are ordered to obey ATROS at the onset of a
divorce. The ATROS “restrains” a spouse from (pursuant to
Family Code § 2040):
removing a minor child from the state without written permission from the other spouse or an order of the court transferring, encumbering, hypothecating, concealing or in any way disposing of any real or personal property except in the normal course of business or for the necessities of life. Cashing in, borrowing, canceling, transferring or changing the beneficiaries on any insurance or health coverage, held for either spouse’s benefit or for any minor child.
Creating a non-probate transfer
When the ATROS are not enough protection for a party or if a
party believes that violence could result, the party should seek
a “Restraining Order”.
Restraining Orders
A restraining order is a court order prohibiting a person from
doing something. In domestic situations involving spousal
abuse or stalking, the court order may prevent one spouse
from making contact with the other spouse, entering the family
home, or taking a child out of the state in order to protect the
victim. Restraining orders can be temporary or permanent.
Disclaimer
The materials contained in this web site have been prepared for informational purposes only. The information contained is general in nature, and may not apply to a particular factual or legal circumstance. The materials do not constitute legal advice or opinions and should not be relied up on as such. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon any information in this web site without seeking professional counsel. This communication is an "Advertisement" as defined by The Rules of Professional Conduct and California Business and Professions Code.